State Of Louisiana v. Christopher R. Smith

STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2024 KW 0792

VERSUS

CHRISTOPHER R. SMITH
OCTOBER 31, 2024

In Re: Louisiana Department of Health, applying for supervisory
writs, 20th Judicial District Court, Parish of East
Feliciana, No. 18 - CR - 424.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED.
The district court' s May 7, 2024, ruling denying
the defendant' s release from Eastern Louisiana Mental Health
System is vacated.
The testimony adduced at the hearing did not
establish by clear and convincing evidence that the defendant
suffers from a mental disease or defect. See Foucha v. Louisiana, 504 U. S. 71, 112 S. Ct. 1780, 118 L. Ed. 2d 437 ( 1992) ; State v.
Edwards, 2022- 00983 ( La. 11/ 1/ 22) , 348 So. 3d 1269 ( per curiam) ,
cert. denied, _ U. S._, 143 S. Ct. 1098, 215 L. Ed. 2d 406 ( 2023) .
Therefore,
his continued confinement in Eastern Louisiana Mental
Health System violates due process. Foucha, 504 U. S. at 71, 112
S. Ct. at 1780. However, while this matter was the
pending,
Legislature enacted La. Code Crim. P. art. 657. 3, which provides

for active persons.
committed
supervised release for dangerous but not mentally ill
Accordingly, this matter is remanded to the
district
court to determine in light of the evidence presented at
the May 7, 2024 hearing, whether active supervised release is
appropriate for the defendant.

SMM
HG

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

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF' COURT
FOR THE COURT