State Of Louisiana v. Raymond James Tate

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 Kw 0690

VERSUS

RAYMOND JAMES TATE OCTOBER 1, 2021

In Re: State of Louisiana, applying for supervisory writs,

16th Judicial District Court, Parish of St. Mary, No.
18- 202725.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district
court erred in denying the state' s objection to the defendant' s
request
for a preliminary examination while awaiting the sanity
commission' s determination as to the defendant' s capacity to
proceed pursuant to the defendant' s motion to appoint a sanity
commission. See La. Code Crim. P. arts. 642 and 643.
Accordingly, the district court' s
ruling is vacated, and this
matter is remanded to the district court for further
proceedings. However, the state' s claim the
regarding
defendant' s request to issue a subpoena to the juvenile victim

for the preliminary examination hearing is denied. The district
court stayed the matter and did not yet issue a on the
ruling
defendant' s request for a subpoena.

PMC
JEW
MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT