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HEMBREE v. STATE

925 S.W.2d 513 (1996)

Billy D. HEMBREE, Sr., and Sharon Hembree, Wrongful Death Beneficiaries and Natural Parents of Billy Hembree, Jr., Deceased; Richard Harding and Kathryn Harding, Wrongful Death Beneficiaries and Natural Parents of Misty Harding, Deceased; Robert L. Huff, Jr.; and David Ross, Plaintiffs-Appellees, v. The STATE of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

July 1, 1996.

Attorney(s) appearing for the Case

William B. Raiford, III, Merkel & Cocke, P.A., Clarksdale, Mississippi, for Plaintiffs-Appellees.

Charles W. Burson, Attorney General and Reporter, Michael E. Moore, Solicitor General, Michael W. Catalano, Associate Solicitor General, Nashville, for Defendant-Appellant.

OPINION

BIRCH, Chief Justice.

Lester Peavyhouse had been involuntarily committed on March 1, 1988, following a verdict of "not guilty by reason of insanity" upon a charge of aggravated assault. He was sent to Middle Tennessee Mental Health Institute (MTMHI), a state facility located in Nashville and operated under the supervision of the Commissioner of the Department of Mental Health and Mental Retardation.

On October 31, 1991, Peavyhouse...

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