State ex rel. Lowenfield v. Butler
This text of 522 So. 2d 560 (State ex rel. Lowenfield v. Butler) 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 Lowenfield, Leslie; Applying for Supervisory Writ, Habeas Corpus and Stay of Execution; Parish of Jefferson 24th Judicial District Court Div. “D” Number 82-3478.
Denied.
DIXON, C.J., would grant the stay and writ. The clinical psychologist who spent 5 hours with defendant concluded: “Lowen-field indicated that he is currently unable to understand the death penalty.” C.Cr.P. 642 provides that mental incapacity to proceed may be raised at any time, and when it is raised, “there shall be no further steps in the prosecution ...” until the defendant is found to have the mental capacity to proceed. When the Court has “reasonable ground to doubt” defendant’s sanity (C.Cr. P. 643) it shall order a mental examination of the defendant.
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Cite This Page — Counsel Stack
522 So. 2d 560, 1988 La. LEXIS 523, 1988 WL 32668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lowenfield-v-butler-la-1988.