Opinion
Appellate Case No. 2013-000217 Unpublished Opinion No. 2014-UP-225
06-18-2014
In the Matter of the Care and Treatment of Ronald Owen, Appellant.
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.
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.
Appeal From Newberry County
Frank R. Addy, Jr., Circuit Court Judge
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.
We decide this case without oral argument pursuant to Rule 215, SCACR.