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Posted by: Chandra Williams on Jul 29, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

William G. Brown, Nashville, Tennessee, for the appellant, Kenneth Ryan Mallady.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Kim R. Helper, District Attorney General; and Michael J. Fahey, II, Assistant District Attorney General, for the appellee, State of Tennessee.


In this procedurally complex case, in 2006, a trial court found the Defendant, Kenneth Ryan Mallady, not guilty by reason of insanity for the offenses of first degree premeditated murder, attempted first degree premeditated murder, and aggravated assault. The judge ordered that the Defendant be transported to Middle Tennessee Mental Health Institute (“MTMHI”). The Defendant was subsequently discharged from MTMHI with the requirement that he participate in mandatory outpatient treatment. In 2012, the trial court found that the Defendant had not complied with his mandatory treatment plan, appointed him counsel, and ordered him temporarily recommitted to MTMHI. In 2014, the trial court held a hearing and ordered that he be permanently recommitted to MTMHI. The Defendant appeals his permanent recommitment, contending that the trial court applied the incorrect legal standard when making its findings. After a thorough review of the record and relevant authorities, we conclude that the record supports the trial court’s judgment.