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ALABAMA DEPT. OF MENTAL HEALTH v. STATE

CR-00-1784.

819 So.2d 113 (2001)

ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION ex rel. Tyrone McCLOTHAN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 26, 2001.

Attorney(s) appearing for the Case

Nancy S. Jones, Tuscaloosa, for appellant.

Submitted on appellant's brief only.

PER CURIAM.

The Alabama Department of Mental Health and Mental Retardation (the "Department") appeals the trial court's ruling denying its request to release Tyrone McClothan from its custody. See Rule 25.8, Ala.R.Crim.P. In 1993, McClothan was charged with arson in the first degree and was found not guilty by reason of mental disease or defect. He was remanded to the custody of the Department. In 1999, the Department filed a motion, seeking to have McClothan released...

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