No. 80-K-2823 Precedential Processed

State v. Tyler

Louisiana Supreme Court · Filed August 9, 1983 · 435 So. 2d 422

Also decided on this docket: La., May 18, 1981 398 So. 2d 1108; La., January 9, 1981 395 So. 2d 1355

Cited by

State v. Battle 552 So. 2d 503 La. Ct. App. 2d Cir. 1989

Opinion text

DENNIS, Justice, dissenting. I believe that Art. 1, § 13 of our state constitution assures a defendant in these circumstances the right to a sanity hearing before extradition to another state. A defendant’s right to counsel should not be rendered a meaningless formality because of an inability to understand the nature of the extradition proceeding or to assist his counsel in either waiving or challenging-extradition on the narrow grounds available in the summary proceeding. See Welkes v. Brennan, 79 A.D.2d 644 , 433 N.Y.S.2d 817 (1980); Jones v. Warmuth, 272 S.E.2d 446 (W.Va.1980); Kostic v. Smedley, 522 P.2d 535 (Alaska 1974). Accordingly, I respectfully dissent.