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Posted by: Chandra Williams on Jul 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

John E. Eldridge, Knoxville, Tennessee, for the appellant, David Cloar.

Attorneys 2:

Nathan Henry Mauer, Nashville, Tennessee, for the Tennessee Department of Mental Health and Substance Abuse Services.

Herbert H. Slatery III, Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Dan E. Armstrong, District Attorney General; and Connie Trobaugh, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial in 1992, the Defendant, David Cloar, was found not guilty by reason of insanity on two counts of first degree murder. The Defendant was then involuntarily committed to the Middle Tennessee Mental Health Institute pursuant to Tennessee Code Annotated section 33-7-303(c). The Defendant now appeals from the trial court’s order denying his discharge, following a ninety-day furlough to a residential group home, from involuntary commitment. The Defendant contends that it was not established by clear, unequivocal, and convincing evidence that he was ineligible for discharge under the applicable statute. Following our review, we reverse the judgment of the trial court and remand this case for the entry of an order discharging the Defendant pursuant to the discharge plan submitted by the Middle Tennessee Mental Health Institute.