State v. Frank
| Decision Date | 04 October 1996 |
| Court | Louisiana Supreme Court |
| Parties | 96-1136 La |
Prior report: La.App., 670 So.2d 813.
In re Frank, Curtis, J.;--Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CR95-1101; Parish of Evangeline, 13th Judicial District Court, Div. "A", No. 49,326F.
Granted in part; denied in part. The Supreme Court's decision in Cooper v. Oklahoma, --- U.S. ----, 116 S.Ct. 1373, 134 L.Ed.2d 498 (1996) makes clear that La.C.Cr.P. art. 648(A), 1990 La.Acts. No. 755, violates the Due Process Clause to the extent that it requires the defendant in a criminal prosecution to prove his incompetency to stand trial by clear and convincing evidence. Cooper has returned Louisiana to this Court's jurisprudential rule that a criminal defendant need prove his incapacity to proceed only by a clear preponderance of the evidence. State v. Brooks, 541 So.2d 801, 805 (La.1989); State v. Machon, 410 So.2d 1065, 1067 (La.1982). The trial court's ruling is therefore vacated and this case is remanded for retrial of the competency hearing. The defendant may appeal once more from an adverse ruling on the question of his competency to stand trial. In all other respects, the application is denied.
BLEICH, J., would deny the writ.
WATSON, J., not on panel.
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State v. Carter
...evidence. La. R.S. 15:432 ; Cooper v. Oklahoma, 517 U.S. 348, 368–69, 116 S.Ct. 1373, 1384, 134 L.Ed.2d 498 (1996) ; State v. Frank, 96–1136 (La.10/4/96), 679 So.2d 1365. Here, defendant has not shown the existence of any mental disease or defect that could diminish his capacity to understa......
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State v. Holmes
...by a preponderance of the evidence that the mental incapacity delineated in La.Code Crim. Proc. art. 641 exists. State v. Frank, 96-1136 (La.10/4/96), 679 So.2d 1365, 1366; State v. Morris, 340 So.2d 195 (La.1976). La.Code Crim. Proc. art. 641 provides that "[m]ental incapacity to proceed e......
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State v. Anderson
... ... Dr. Baker looked at a psychological memo provided by Dr. Frederick Salter dated June 29, 2004, as well as defendant's school records from Monroe City Schools. Finally, Dr. Baker reviewed the psychiatric reports of the sanity commission doctors appointed in this case, Dr. Frank Weinholt, whose report is dated August 21, 2001, and Dr. George Seiden, whose report is dated March 19, 2001 ... Dr. Baker explained that the WAIS-III tests cognitive or intellectual functioning, and from that test, he obtained an IQ score for defendant. According to his ... ...
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State v. Campbell
... ... 1, 769 So.2d at 1169; State v. Armstrong, 94-2950, p. 4 (La.4/8/96), 671 So.2d 307, 309; State v. Silman, 95-0154, p. 7 (La.11/27/95), 663 So.2d 27, 32. Accordingly, the defendant has the burden of proving by a preponderance of the evidence his incapacity to stand trial. State v. Frank, 96-1136, p. 1 (La.10/4/96), 679 So.2d 1365, 1366 (citing Cooper v. Oklahoma, 517 U.S. 348, 116 S.Ct. 1373, 134 L.Ed.2d 498 (1996)); Armstrong at p. 4, 671 So.2d at 309; Silman at p. 7, 663 So.2d at 32. A reviewing court owes the trial court's determinations as to the defendant's competency ... ...