Section 15.26 Burden of Proof

• Library: Criminal Practice 2012 Supp

4. (§15.26) Burden of Proof

The defendant must establish facts to support the defendant’s release from the mental institution, and the trial court can properly require more evidence than a psychiatric opinion. State v. Davee, 558 S.W.2d 335 (Mo. App. S.D. 1977).

In In re Grass v. Nixon, 926 S.W.2d 67 (Mo. App. E.D. 1996), the petitioner, in his conditional-release hearing, offered the testimony of three St. Louis State Hospital psychiatrists that, in their opinions based on a reasonable medical certainty...