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STATE v. HUDSON

No. 3015.

336 S.C. 237 (1999)

519 S.E.2d 577

The STATE, Appellant, v. Ui Sun HUDSON, Respondent.

Court of Appeals of South Carolina.

Decided June 21, 1999.

Rehearing Denied August 28, 1999.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor David Price Schwacke, of North Charleston, for appellant.

John D. Elliott; and Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, both of Columbia; and D. Ashley Pennington, of Charleston, for respondent.

Amicus Curiae: Lesly Ann Bowers, of Protection & Advocacy for People with Disabilities, Inc., of Columbia.

ANDERSON, Judge:

The State appeals from that portion of a Circuit Court order which authorizes unsupervised leave from the South Carolina State Hospital by Ui Sun Hudson where the judge found Hudson in need of "continued" hospitalization pursuant to S.C.Code Ann. § 17-24-40. We affirm in part and vacate in part.

FACTS/PROCEDURAL BACKGROUND

In a 1995 bench trial, a Circuit Court judge found Hudson not guilty by reason of insanity (NGRI...

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