Court of Appeals of Missouri, Western District, Third Division
Appeal from the Circuit Court of Buchanan County, Missouri. The Honorable Randall R. Jackson, Judge.
Steven B. Willibey, Kansas City, MO, for appellant.
D. Ryan Taylor, Kansas City, MO, for respondent.
Before Division Three: Karen King Mitchell, Presiding Judge, Alok Ahuja, Chief Judge and GaryD. Witt, Judge. All concur.
Gary D. Witt, Judge
Carlos Floyd (" Floyd" ) appeals the dismissal of his petition in the Circuit Court of Buchanan County in which he had challenged the revocation of his second conditional release from the custody of the Missouri Department of Mental Health (the " Department" ). Although his conditional release had already expired by the time he challenged its revocation, Floyd argues that the circuit court erred in dismissing his petition as moot. He contends that because there were other remedies available
to the court besides reinstating his expired conditional release, a live controversy still existed. The remedies he suggests are simply the options a judicial court has when reviewing an administrative decision, as outlined in section 536.140.5. Floyd contends that evidentiary errors occurred at the administrative hearing that should have been addressed by the court. Specifically, Floyd contends that the department hearing administrator erred (1) in admitting Floyd's own testimony offered by Floyd during his case because nine years earlier he had been deemed not guilty by reason of insanity (" NGRI" ) and acquitted of second degree murder, making him incompetent to testify on his own behalf at the revocation hearing, and (2) in improperly admitting Floyd's progress records from the Northwest Missouri Psychiatric Rehabilitation Center (" NMPRC" ) at the hearing even though Floyd's counsel stipulated to the admissibility of records. Because we find the subject matter of this appeal to be moot, the appeal is dismissed.
FACTS AND PROCEDURAL HISTORY
In May 2000, Floyd strangled his girlfriend to death and was committed to Fulton State Hospital while he awaited trial. Floyd was diagnosed as having chronic paranoid schizophrenia, as well as being a substance abuser. In December 2002, Floyd was acquitted on the charge of murder in the second degree based on an NGRI defense. On December 30, 2002, Floyd was committed to the custody of the Department and has remained in its custody and control since that time. In March 2010, Floyd was granted his first conditional release for a period of one year. This was a partial release that consisted of 165 unescorted passes into the community. Floyd had no incidents while on a partial conditional release. On March 4, 2011, Floyd was granted a second conditional release for a period of one year. This was a full conditional release which allowed Floyd to move to a residential care facility called Heartland One, located in Buchanan County.
In October 2011, during Floyd's conditional release, Floyd's brother called the Department to alert it to some alarming behavior being exhibited by Floyd. The Department also received reports from Floyd's wife that he had been drinking all weekend and threatening her and her niece. She also reported that Floyd had stopped taking his medication and had not slept much while on the weekend pass with her. After being contacted by NMPRC about the allegations, Floyd agreed to voluntarily admit himself back into NMPRC. Floyd admitted to his psychiatrist that he drank alcohol the previous weekend, which was a violation of one of the conditions of his release, and that it was enough to impair his mental stability. On October 20, 2011, pursuant to section 552.040.17, the Director of Forensic Services for the
Department revoked Floyd's conditional release and issued a notice of ...