CourtListener 10148528•In the Matter of Ronald Owen
Gesamter Gesetzestext
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
In the Matter of the Care and Treatment of Ronald Owen,
Appellant.
Appellate Case No. 2013-000217
Appeal From Newberry County
Frank R. Addy, Jr., Circuit Court Judge
Unpublished Opinion No. 2014-UP-225
Heard April 1, 2014 – Filed June 18, 2014
AFFIRMED
Tommy Arthur Thomas, of Irmo, for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authority: S.C. Code Ann. § 44-48-130 (Supp. 2013) ("Nothing in this chapter
prohibits a person from filing a petition for release pursuant to this chapter.
However, if a person has previously filed a petition for release without the
approval of the Director of the Department of Mental Health, and the court
determined either upon review of the petition or following a hearing that the
petitioner's petition was frivolous or that the petitioner's condition had not changed
so that the petitioner continued to be a threat and, if released, would commit acts of
sexual violence, the court must deny the subsequent petition unless the petition
contains facts upon which a court could find the condition of the petitioner had so
changed that a hearing was warranted. Upon receipt of a first or subsequent
petition from a committed person without the director's approval, the court must,
whenever possible, review the petition and determine if the petition is based upon
frivolous grounds and, if so, must deny the petition without a hearing.").
AFFIRMED.1
WILLIAMS, KONDUROS, and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.
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