State v. Gowan
This text of 670 So. 2d 1222 (State v. Gowan) 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
STATE of Louisiana
v.
Marion F. GOWAN.
Supreme Court of Louisiana.
Granted. The present case is distinguishable from State v. Nomey, 613 So.2d 157 (La.1993), since the trial judge never ruled on defendant's motion for appointment of a sanity commission. Unlike Nomey, there was no threshold determination by the trial judge that a sanity commission should be appointed. Therefore, by failing to request a hearing on this motion prior to entering his guilty plea, defendant implicitly waived his right to have the motion heard. Accordingly, the judgment of the court of appeal is vacated and set aside and the judgment of the trial court denying post conviction relief is reinstated.
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Cite This Page — Counsel Stack
670 So. 2d 1222, 1996 WL 146244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gowan-la-1996.