State ex rel. LaVigne v. Criminal District Court
This text of 532 So. 2d 165 (State ex rel. LaVigne v. Criminal District Court) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In re LaVigne, Richard A.; applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “B”, No. 312534, 312541.
Granted. The district court is ordered to conduct a hearing pursuant to La.C.Cr.P. art. 655 to determine whether relator should be discharged. At an earlier hearing held in the district court on April 12, 1988, the court, the attorneys and the expert witness appeared to be under the misapprehension that the hearing was a pretrial procedure conducted for the purpose of determining relator’s mental capacity to proceed. In deciding whether relator should be discharged, the district court should consider the U.S. Fifth Circuit Court of Appeals’ analysis of the constitutionality of Louisiana’s insanity-acquittee discharge procedures in Francois v. Henderson, 850 F.2d 231 (5th Cir.1988).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
532 So. 2d 165, 1988 La. LEXIS 2310, 1988 WL 114954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lavigne-v-criminal-district-court-la-1988.