State v. LaFlore

Court of Criminal Appeals of Alabama

State v. LaFlore

445 So. 2d 932

CourtCourt of Criminal Appeals of Alabama

DecidedOctober 26, 1982

Docket3 Div. 694

StatusPublished

Cited by2 cases

This text of 445 So. 2d 932 (State v. LaFlore) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. LaFlore, 445 So. 2d 932 (Ala. Ct. App. 1982).

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Opinion

PETITION FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, FOR WRIT OF PROHIBITION

PER CURIAM.

This matter comes on to be heard on a petition for a writ of mandamus, or in the alternative, for a writ of prohibition by Hon. James H. Evans, District Attorney of the Fifteenth Judicial Circuit, directed to Hon. Perry 0. Hooper, Circuit Judge, Fifteenth Judicial Circuit.

Under the facts as presented to this Court, the respondent is not held in confinement, being out on bond. Therefore, the Circuit Judge was without authority to order a jury determination of the respondent’s competency to stand trial. Billups v. State, 338 So.2d 478, (Ala.App.1976); Hawes v. State, 48 Ala.App. 565, 266 So.2d 652 (1972); Ala.Code, § 15-16-21 (1975).

Petition for mandamus granted.

TYSON, DeCARLO, BOWEN and BARRON, JJ., concur.

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PETITION FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, FOR WRIT OF PROHIBITION

PER CURIAM.

This matter comes on to be heard on a petition for a writ of mandamus, or in the alternative, for a writ of prohibition by Hon. James H. Evans, District Attorney of the Fifteenth Judicial Circuit, directed to Hon. Perry 0. Hooper, Circuit Judge, Fifteenth Judicial Circuit.

Under the facts as presented to this Court, the respondent is not held in confinement, being out on bond. Therefore, the Circuit Judge was without authority to order a jury determination of the respondent’s competency to stand trial. Billups v. State, 338 So.2d 478, (Ala.App.1976); Hawes v. State, 48 Ala.App. 565, 266 So.2d 652 (1972); Ala.Code, § 15-16-21 (1975).

Petition for mandamus granted.

TYSON, DeCARLO, BOWEN and BARRON, JJ., concur.

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445 So. 2d 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-laflore-alacrimapp-1982.

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