State Of Louisiana v. Christopher Coupe

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0613

VERSUS

CHRISTOPHER COUPE
SEP 3 Q 2019

In Re: Christopher Coupe, applying for supervisory writs,

23rd Judicial District Court, Parish of Ascension, No.
3404.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court abused its discretion in
finding that the State proving by
carried its burden of clear

and convincing evidence that relator is currently dangerous to
himself and others under Foucha v. Louisiana, 504 U. S. 71, 112
S. Ct. 1780, 118 L. Ed. 2d 437 ( 1992) and La. Code Crim. P. art.

657, particularly as defined in La. R. S. 28: 2 ( 6) and ( 7). See
State v. Perez, 94- 0130 ( La. 1/ 27/ 95), 648 So. 2d 1319, 1321.
The trial court' s ruling is reversed, and this matter is
remanded with instructions that the trial court order relator' s

conditional release under the conditions set forth in the review
panel' s conditions the trial court
recommendation and any other
may impose related to relator' s continuing care and treatment
that are appropriate under the law.

JMM
WRC

Theriot, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C1, ERK OF COURT
FOR THE COURT