Cited by
Opinions in Louisiana that cite State v. Bennett, 345 So. 2d 1129.
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State v. Franks
975 So. 2d 836
La. Ct. App. 2d Cir. 2008
State v. Bridgewater, supra
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State v. Strain
972 So. 2d 1184
La. Ct. App. 2d Cir. 2007
and State v. Snyder, 98-1078 (La.4/14/99), , opinion after remand, 98-1078 (La.4/14/04), , cert.
- State v. Miller 964 So. 2d 911 La. 2007
- State, in Interest of Dj 959 So. 2d 543 La. Ct. App. 4th Cir. 2007
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State v. Dupree
950 So. 2d 140
La. Ct. App. 2d Cir. 2007
the Louisiana Supreme Court set forth the considerations necessary in determining whether a defendant is fully aware of the proceedings against him: *149 The decision as to a defendant's competency to stand trial should not turn solely upon whether he suffers from a mental disease or defect, but must
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State v. Rankin
938 So. 2d 1172
La. Ct. App. 2d Cir. 2006
the Louisiana Supreme Court set forth the considerations necessary in determining whether a defendant is fully aware of the proceedings against him: The decision as to a defendant's competency to stand trial should not turn solely upon whether he suffers from a mental disease or defect, but must be ma
- State v. Ford 930 So. 2d 138 La. Ct. App. 2d Cir. 2006
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State v. Lee
930 So. 2d 174
La. Ct. App. 1st Cir. 2006
The Bennett factors are derived from the Supreme Court’s
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State v. Swain
900 So. 2d 82
La. Ct. App. 5th Cir. 2005
the Louisiana Supreme Court set forth the considerations necessary to determining whether a defendant is fully aware of the proceedings against him: The decision as to a defendant's competency to stand trial should not turn solely upon whether he suffers from a mental disease or defect, but must be ma
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State v. Snyder
874 So. 2d 739
La. 2004
During their examination of the defendant, the doctors performed the standard tests used to determine legal competency, or competency to stand trial ( (on rehearing)).
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State v. Williams
866 So. 2d 1003
La. Ct. App. 5th Cir. 2004
the Louisiana Supreme Court listed the following factors to be considered in determining whether a defendant is able to assist in his defense: [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 an
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Explained
State v. Carmouche
872 So. 2d 1020
La. 2003
Doctors McManus and Benoit each rendered a (on rehearing).
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State v. MacCracken
845 So. 2d 1104
La. Ct. App. 1st Cir. 2003
|fiIn the lead case on mental capacity, on reh’g, the Louisiana Supreme Court discussed factors to be considered in determining whether the accused is aware of the nature of the proceedings against him and his ability to assist in his defense: *1109 Appropriate considerations in determining whether the accused is fu
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State v. Raiford
846 So. 2d 913
La. Ct. App. 4th Cir. 2003
criteria for competency to proceed, the defendant was competent to proceed and assist counsel, although he demonstrated difficulty with processing information quickly enough to keep up with the pace of a trial.
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State v. Orange
845 So. 2d 570
La. Ct. App. 1st Cir. 2003
896, 903 , 43 L.Ed.2d 103 (1975); (on rehearing).
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State v. Williams
831 So. 2d 835
La. 2002
See State v. Snyder, 98-1078, p. 26 (La.4/14/99), , (La.
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State v. Dunn
831 So. 2d 862
La. 2002
See State v. Snyder, 98-1078, p. 26 (La.4/14/99)
- State Ex Rel. Seals v. State 831 So. 2d 828 La. 2002
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State v. Pugh
831 So. 2d 341
La. Ct. App. 5th Cir. 2002
896 , 43 L.Ed.2d 103 (1975)
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State v. Moore
827 So. 2d 647
La. Ct. App. 3d Cir. 2002
896 , 43 L.Ed.2d 103 (1975)
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State v. Bridgewater
823 So. 2d 877
La. 2002
896 , 43 L.Ed.2d 103 (1975)
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State v. Sullivan
817 So. 2d 335
La. Ct. App. 5th Cir. 2002
In the lead case on mental capacity, State v. Bennett , on reh'g, the Louisiana Supreme Court discussed factors to be considered in determining whether the accused is aware of the nature of the proceedings against him and his ability to assist in his defense: Appropriate considerations in determining whether the accused is fully aware of the nature of the proceeding
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State v. Bell
796 So. 2d 816
La. Ct. App. 1st Cir. 2001
(citations omitted), stated: The decision as to a defendant’s competency to stand trial should not turn solely 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 and the gravity of the decisions with
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State v. Dorsey
796 So. 2d 135
La. Ct. App. 2d Cir. 2001
220 , 145 L.Ed.2d 185 (1999)
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State v. Algere
780 So. 2d 1131
La. Ct. App. 1st Cir. 2001
896 , 43 L.Ed.2d 103 (1975)
- State v. Breaux 767 So. 2d 904 La. Ct. App. 5th Cir. 2000
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State v. Frank
758 So. 2d 838
La. Ct. App. 1st Cir. 2000
See also State v. Snyder, 98-1078 (La.4/14/99)
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State v. Hernandez
735 So. 2d 888
La. Ct. App. 5th Cir. 1999
896 , 43 L.Ed.2d 103 (1975)
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State v. Howard
751 So. 2d 783
La. 1999
896 , 43 L.Ed.2d 103 (1975)
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State v. Snyder
750 So. 2d 832
La. 1999
(on rehearing), "[T]he trial court may not rely so extensively upon medical testimony as to commit the ultimate decision of competency to the physician."
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State v. Castleberry
758 So. 2d 749
La. 1999
we enunciated a number of factors that should be considered in deciding whether an accused is competent to stand trial: 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 hi
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State v. Picot
718 So. 2d 517
La. Ct. App. 1st Cir. 1998
896 , 43 L.Ed.2d 103 (1975); State v. Silva, 96-0407 p.7, 699 So.2d at 490-491 .
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State v. Evans
715 So. 2d 604
La. Ct. App. 1st Cir. 1998
896, 43 L.Ed.2d 103 (1975)
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State v. Armant
719 So. 2d 510
La. Ct. App. 5th Cir. 1998
896 , 43 L.Ed.2d 103 (1975); (1977).
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State v. Campbell
715 So. 2d 488
La. Ct. App. 4th Cir. 1998
where the court noted appropriate considerations for determining whether a defendant is fully aware of the nature of the proceedings and is able to assist in his defense.
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State v. Burmaster
710 So. 2d 274
La. Ct. App. 3d Cir. 1998
He alleges three additional assignments of error: 1) that his due process was violated when the trial court required him to prove his incompetency to stand trial by a higher standard of proof than required by the Fourteenth Amendment of the Constitution of the United States; 2) in finding him competent to stand trial; and 3) that his counsel was ineffective in failing to object to the trial court's ruling finding him competent.
- State v. Gaines 701 So. 2d 688 La. Ct. App. 4th Cir. 1997
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State v. Silva
699 So. 2d 487
La. Ct. App. 4th Cir. 1997
896 , 43 L.Ed.2d 103 (1975)
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State v. Jackson
707 So. 2d 990
La. Ct. App. 2d Cir. 1997
For a discussion of the appropriate considerations in determining competency
- State v. Wilson 679 So. 2d 963 La. Ct. App. 2d Cir. 1996
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State v. Lott
671 So. 2d 1182
La. Ct. App. 2d Cir. 1996
State v. Brooks, supra ; State v. Narcisse, supra ; (La.App.
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State v. Dixon
668 So. 2d 388
La. Ct. App. 1st Cir. 1996
*392 the Court set forth factors which the trial court must take into consideration when determining whether a defendant is competent to proceed: Appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the c
- State v. Thibodeaux 647 So. 2d 525 La. Ct. App. 3d Cir. 1994
- State v. Dugar 643 So. 2d 870 La. Ct. App. 3d Cir. 1994
- State v. Howard 635 So. 2d 752 La. Ct. App. 1st Cir. 1994
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State v. Clark
638 So. 2d 225
La. Ct. App. 3d Cir. 1994
where it did not require a complete reversal.
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State v. Green
632 So. 2d 1187
La. Ct. App. 4th Cir. 1994
the Court set forth factors which the trial court must take into consideration when determining whether a defendant is competent to proceed: Appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature of the c
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Distinguished
State v. Nomey
613 So. 2d 157
La. 1993
[8] The present case is distinguishable from a (La.
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State v. Perry
610 So. 2d 746
La. 1992
Perry argues that a are implicit in the mental standard to undergo execution.
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State v. Jackson
600 So. 2d 739
La. Ct. App. 4th Cir. 1992
the Court set forth factors which the trial court must take into consideration when determining whether a defendant is competent to proceed to trial: Appropriate considerations in determining whether the accused is fully aware of the nature of the proceedings include: whether he understands the nature