Cited by

Opinions in Louisiana that cite State v. Bennett, 345 So. 2d 1129.

152 citing documents.

State of Louisiana v. Hermandus Dashnski Semien La. Ct. App. 2d Cir. 2025
Dr. Roberts also acknowledged that Semien was diagnosed with major depressive disorder with an episode of severe psychosis when he was 11 years old and was admitted to 2 See, (La.
State of Louisiana v. Kenneth Augustine La. Ct. App. 4th Cir. 2025
2000-2738, p. 7, 831 So.2d at 833-34 (alterations in original) ( (La.
State of Louisiana in the Interest of J.C. La. Ct. App. 5th Cir. 2025
The State called Dr. Deland to testify.2 The parties stipulated that Dr. Deland was an expert in the field of forensic psychiatry and capable of rendering expert opinions regarding the juvenile’s (La.
State Of Louisiana v. John (AKA: James) Elliot Thompson La. Ct. App. 1st Cir. 2025
State of Louisiana Versus Joshua Every La. Ct. App. 5th Cir. 2025
State of Louisiana Versus Bunnak Landon La. Ct. App. 5th Cir. 2024
State of Louisiana v. Jason Ray Craft La. Ct. App. 3d Cir. 2023
State’s and not just the reports of the physicians.
State of Louisiana Versus Isaiah Doyle La. Ct. App. 5th Cir. 2021
ndant’s interviews were “inconsistent and at times over exaggerated, thus suggesting a strong level of suspicion of malingering.” More specifically, the evaluators concluded that the defendant was “attempting to malinger cognitive problems and symptoms of severe mental illness.” In addition, (La.
State of Louisiana v. Joey Rogers La. Ct. App. 3d Cir. 2021
410 (2012): In evaluating the legal capacity of a criminal defendant, this Court, noting [State v.] Bennett, [ (La.
State of Louisiana v. Travis Boys La. Ct. App. 4th Cir. 2021
State of Louisiana v. Wayne Jackson La. Ct. App. 4th Cir. 2019
896, 43 L.Ed.2d 103 (1975); (La.
State v. Robinson 275 So. 3d 938 La. Ct. App. 1st Cir. 2019
State v. Bennett , , 1138 (La.
State of Louisiana v. Roderick Jermaine Cawthorne, Jr. La. Ct. App. 3d Cir. 2018
The supreme court has stated, “[a]lthough it may be impossible in a pretrial competency hearing to avoid reliance upon psychiatric prediction concerning the accused’s capabilities, the trial court may not rely so extensively upon medical testimony as to commit the ultimate decision of competency to the physician.”
State v. Cawthorne 257 So. 3d 717 La. Ct. App. 1st Cir. 2018
State v. Bennett , , 1137 (La.1977).
State v. Francois 242 So. 3d 806 La. Ct. App. 1st Cir. 2018
State v. Willie 235 So. 3d 1339 La. Ct. App. 1st Cir. 2017
1906 , 173 L.Ed.2d 1057 ( (La.
State v. Anderson 244 So. 3d 640 La. Ct. App. 2d Cir. 2017
The Louisiana Supreme Court in State v. Bennett , , 1138 (La.
State of Louisiana v. Robert Leroy McCoy 218 So. 3d 535 La. 2016
State v. Tillman 175 So. 3d 950 La. 2015
State v. Gaspard 169 So. 3d 407 La. Ct. App. 1st Cir. 2015
art. 641, Holmes, 5 So.3d at 55 , (on rehearing), the Louisiana Supreme Court explained that “[t]he decision as to a defendant’s competency to stand trial should not turn solely *413 upon whether he suffers from a mental disease or defect, but must be made with specific reference to the nature of the charge, the complexity of the case
State v. Taylor 161 So. 3d 963 La. Ct. App. 2d Cir. 2015
Dr. Seiden determined that Taylor lacked the capacity to stand trial.
State v. Romious 167 So. 3d 71 La. Ct. App. 1st Cir. 2014
State v. Johnson 165 So. 3d 961 La. Ct. App. 1st Cir. 2014
the Louisiana Supreme Court set forth considerations for determining whether the accused is fully aware of the nature of the proceedings: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whether he can distinguish a
State v. McClure 165 So. 3d 998 La. Ct. App. 1st Cir. 2014
State of Louisiana v. Eric J. Bello La. Ct. App. 3d Cir. 2014
the Louisiana Supreme Court stated that the appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands w
State v. Bello 161 So. 3d 720 La. Ct. App. 1st Cir. 2014
the Louisiana Supreme Court stated that the appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whe
State v. Williams 137 So. 3d 832 La. Ct. App. 1st Cir. 2014
the Louisiana Supreme Court held that the appropriate considerations for determining whether the accused is fully aware of the nature of the proceedings include the following: [Wjhether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are
State of Louisiana v. Albert Meaux, Jr. La. Ct. App. 3d Cir. 2014
State v. Lyons 128 So. 3d 407 La. Ct. App. 5th Cir. 2013
State v. Crossley 117 So. 3d 585 La. Ct. App. 2d Cir. 2013
State v. Pollard 106 So. 3d 1194 La. Ct. App. 1st Cir. 2012
the Louisiana Supreme Court listed the following factors to be considered in determining whether a defendant is able to assist in his defense: 18[W]hether he is able to recall and relate facts pertaining to his actions and whereabouts at certain times; whether he is able to assist counsel in locating
State v. Robinson 102 So. 3d 922 La. Ct. App. 5th Cir. 2012
this Court held that the appropriate considerations for determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whether he can distin
State of Louisiana v. Harold Dewayne Baylor, Sr. La. Ct. App. 3d Cir. 2012
In Louisiana, the prohibition against subjecting an incompetent individual to a criminal trial “is codified in our law, which directs the suspension of criminal proceedings against one found to be mentally incompetent.” (1977) (on rehearing).
Distinguished State of Louisiana v. Renee Tyler La. Ct. App. 3d Cir. 2012
The court did, however, note the following: The present case is distinguishable from a
Distinguished State v. Tyler 89 So. 3d 510 La. Ct. App. 1st Cir. 2012
The court did, however, note the following: The present case is distinguishable from a
State v. Harris 91 So. 3d 493 La. Ct. App. 1st Cir. 2012
State v. Odenbaugh 82 So. 3d 215 La. 2011
In Louisiana, the prohibition against subjecting an incompetent individual to a criminal trial “is codified in our law, which directs the suspension of criminal proceedings against one found to be mentally incompetent.” (1977) (on rehearing).
State v. Terrance 80 So. 3d 560 La. Ct. App. 1st Cir. 2011
the Louisiana Supreme Court specified the applicable criteria in a competency determination: Appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whethe
State v. Young 71 So. 3d 565 La. Ct. App. 1st Cir. 2011
State of Louisiana v. Pedro Jose Reloba La. Ct. App. 3d Cir. 2011
At the sanity commission hearing on March 25, 2009, and was competent to stand trial.
State v. Reloba 56 So. 3d 1162 La. Ct. App. 1st Cir. 2011
At the sanity commission hearing on March 25, 2009, and was competent to stand trial.
State v. Robinson 39 So. 3d 692 La. Ct. App. 1st Cir. 2010
State of Louisiana v. Wilbert Joseph John La. Ct. App. 3d Cir. 2009
the trial court applied the incorrect burden of proof.
State v. John 11 So. 3d 1248 La. Ct. App. 3d Cir. 2009
the trial court applied the incorrect burden of proof.
State v. Mims 10 So. 3d 895 La. Ct. App. 3d Cir. 2009
State v. Holmes 5 So. 3d 42 La. 2008
this Court held that the appropriate considerations for determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whether he can distin
State v. Gibson 993 So. 2d 1193 La. 2008
896 , 43 L.Ed.2d 103 (1975); ).
State v. Anderson 996 So. 2d 973 La. 2008
State v. Campbell 983 So. 2d 810 La. 2008
State v. Gauthier 978 So. 2d 1161 La. Ct. App. 4th Cir. 2008
State v. Brooks, [ ] supra; State v. Narcisse, [ ] supra; (La.App.