Mississippi Code
Miss. Code Ann. § 99-13-7 (2024)
Acquittal for insanity; presumption of continuing mental illness and dangerousness of person acquitted on ground of insanity; challenge to presumption; hearing; right to counsel
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) When any person is indicted for an offense and acquitted on the ground of insanity, the jury rendering the verdict shall state in the verdict that ground and whether the accused has since been restored to his sanity and whether he is dangerous to the community. If the jury certifies that the person is still insane and dangerous, the judge shall order him to be conveyed to and confined in one of the state psychiatric hospitals or institutions.
- (2) There shall be a presumption of continuing mental illness and dangerousness of the person acquitted on the ground of insanity. The presumption may be challenged by the person confined to the state psychiatric hospital or institution and overcome by clear and convincing evidence that the person has been restored to sanity and is no longer dangerous to the community. The court ordering confinement of the person to a state psychiatric hospital or institution shall conduct the hearing to determine whether the person has been restored to sanity and is no longer dangerous to the community. The person shall have the right to counsel at the hearing and if the person is indigent, counsel shall be appointed. The provisions of this subsection shall not apply to a person found by the jury to have been restored to sanity and no longer a threat to the community.
Codes 1930, §§ 1327, 1328; 1942, § 2575; Laws, 1932, ch. 237; Laws, 2008, ch. 442, § 37; Laws, 2010, ch. 440, § 1, eff. 3/29/2010.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1974–2025 · leading case: Sanders v. State, 63 So. 3d 497 (Miss. 2011).
Sanders v. State, 63 So. 3d 497 (Miss. 2011). “[44] I also agree with Presiding Justice Carlson's analysis concerning so-called flight instructions, and join his separate opinion to that extent only.”
Sanders v. State, 63 So. 3d 554 (Miss. Ct. App. 2010). “Specifically, Mississippi Code Annotated section 99-13-7 (Rev. 2007), which provided at the time of Sanders’s sentencing that: When any person shall be indicted for an offence and acquitted on the ground of insanity the jury rendering the verdict shall state therein such ground…”
Edwards v. State, 441 So. 2d 84 (Miss. 1983). “[ Miss. Code Ann. § 99-13-7 (1972)]. A mental patient seeking release from such confinement by habeas corpus assumes the burden of proof that he has recovered his sanity and is no longer likely to cause harm to himself or others.”
Lias v. State, 362 So. 2d 198 (Miss. 1978). “[2] Miss. Code Ann. § 99-13-7 (1972). When any person shall be indicted for an offense and acquitted on the ground of insanity the jury rendering the verdict shall state therein such ground and whether the accused have since been restored to his reason, and whether he be…”
Emanuel v. State, 412 So. 2d 1187 (Miss. 1982). “However, it is well settled in this State that, in cases of this nature, the jury's role is to find the defendant guilty or not guilty by reason of insanity stating whether the accused has since been restored to his reason and whether he be dangerous to the community.”
Hill v. State, 339 So. 2d 1382 (Miss. 1976). “" Mississippi Code Annotated section 99-13-7 (1972) is the statutory authority for the giving of these instructions.”
Herron v. State, 287 So. 2d 759 (Miss. 1974). “Section 2575, Mississippi Code 1942 Annotated (1956) [ Miss. Code Ann. § 99-13-7 (1972)]. The rule above cited and followed by the cases cited points up the fact that it devolves upon the state to remove the doubt and to establish the sanity of the prisoner to the "satisfaction…”
Hollins v. State, 340 So. 2d 438 (Miss. 1976). “1972), Section 99-13-7, Mississippi Code 1972 Annotated.”
Boyda v. State, 57 So. 3d 61 (Miss. Ct. App. 2011). “See Miss.Code Ann. § 99-13-7(1) (Supp. 2010) ("When any person is indicted for an offense and acquitted on the ground of insanity, the jury rendering the verdict shall state in the verdict that ground and whether the accused has since been restored to his sanity and whether he…”
Hawthorne v. State, 881 So. 2d 234 (Miss. Ct. App. 2003). “" Miss.Code Ann. § 99-13-7 (Rev.2000). Our entering a judgment of acquittal on appeal takes that decision away from the jury.”
White v. State, 542 So. 2d 250 (Miss. 1989). “2d 51 (1963); MCA § 99-13-7 (1972). The issue of insanity is for the jury to determine and such determination must be upheld on appeal unless against the overwhelming weight of the evidence.”
Holloway v. State, 312 So. 2d 700 (Miss. 1975). “Mississippi Code Annotated Section 99-13-7 (1972) is a reflection of a legislative effort to provide a formula to meet the requirements of such cases.”
Miss. Code Ann. § 99-13-7(1): 1 case
Boyda v. State, 57 So. 3d 61 (Miss. Ct. App. 2011). “See Miss.Code Ann. § 99-13-7(1) (Supp. 2010) ("When any person is indicted for an offense and acquitted on the ground of insanity, the jury rendering the verdict shall state in the verdict that ground and whether the accused has since been restored to his sanity and whether he…”
Miss. Code Ann. § 99-13-7(2): 1 case
Brumfield v. State, 35 So. 3d 1232 (Miss. Ct. App. 2010).
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