Criminal Law – determining if getting proper psychiatric treatment following guilty plea but mentally ill, mandamus: Breeden v. Commonwealth (COA 7/17/2009)

Breeden v. Commonwealth
2008-CA-000243 07/17/2009 2009 WL 2059424

Opinion by Judge Stumbo; Judges Keller and VanMeter concurred.

The Court affirmed an order of the circuit court denying appellant’s motion for a hearing to determine if he was receiving proper psychiatric treatment in accordance with his plea of guilty but mentally ill. The Court held that while KRS 504.150 required appellant to be provided with necessary psychiatric treatment, his motion for post-conviction relief was not proper. Rather, the appropriate remedy was a complaint for a writ of mandamus to the Department of Corrections to enforce the statute.