State Of Louisiana v. John (AKA: James) Elliot Thompson
This text of State Of Louisiana v. John (AKA: James) Elliot Thompson (State Of Louisiana v. John (AKA: James) Elliot Thompson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA NO. 2025 KW 0113
VERSUS
JOHN ( AKA: JAMES) ELLIOT FEBRUARY 24, 2025 THOMPSON
In Re: John ( AKA: James) Elliot Thompson, applying for
supervisory writs, 21st Judicial District Court, Parish of Livingston., Nos. 46652, 47509.
BEFORE: McCLENDON, C. J., LANIER AND BALFOUR, JJ.
WRIT DENIED.
WIL
KEB
McClendon, C. J., I respectfully dissent and would grant the writ. The Louisiana Supreme Court set forth the considerations and factors for evaluating whether a defendant accused of a criminal offense has the legal capacity to proceed, is fully aware of the nature of the proceedings, and can assist in his defense. See State v. Campbell, 2006- 0286 ( La. 5/ 21/ 08), 983 So. 2d 810, 850, cert. denied, 555 U. S. 1040, 129 S. Ct 607, 172 L. Ed. 2d 471 ( 2008) . See also State v. Bennett, 345 So. 2d 1129, 1138 ( La. 1977); Louisiana v. Kelly, 2023- 1340 ( La. App. lst Cir. 12/ 27/ 24), 2024 WL 5232399, * 2( unpublished). The colloquy with relator did not fully comply with Campbell. Therefore, I would remand for the
trial court to hold a full hearing to address all factors set forth in Campbell, 983 So. 2d at 850.
COURT OF APPEAL, FIRST CIRCUIT
CJ'J DEPUTY CLERK OF COURT FOR THE COURT
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