State v. Frank
State v. Frank, 679 So. 2d 1365 (La. 1996).
Cited by
- State of Louisiana v. Jason Ray Craft La. Ct. App. 3d Cir. 2023
- State of Louisiana v. Travis Boys La. Ct. App. 4th Cir. 2021
- State v. Willie 235 So. 3d 1339 La. Ct. App. 1st Cir. 2017
- State v. Barbain 179 So. 3d 770 La. Ct. App. 1st Cir. 2015
- State v. Carter 84 So. 3d 499 La. 2012
- State v. Griffin 30 So. 3d 1039 La. Ct. App. 2d Cir. 2010
- State v. Edwards 17 So. 3d 1037 La. Ct. App. 2d Cir. 2009
- State v. Holmes 5 So. 3d 42 La. 2008
- State v. Gibson 993 So. 2d 1193 La. 2008
- State v. Anderson 996 So. 2d 973 La. 2008
- State v. Campbell 983 So. 2d 810 La. 2008
- State v. Franks 975 So. 2d 836 La. Ct. App. 2d Cir. 2008
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Brooks 541 So. 2d 801
- State v. MacHon 410 So. 2d 1065
Opinion text
679 So.2d 1365 (1996) STATE of Louisiana v. Curtis J. FRANK. No. 96-K-1136. Supreme Court of Louisiana. October 4, 1996. *1366 Granted in part; denied in part. The Supreme Court's decision in Cooper v. Oklahoma, ___ U.S. ___, 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) makes clear that La. C.Cr.P. art. 648(A), as amended by 1990 La. Acts. No. 755, violates the Due Process Clause to the extent that it requires the defendant in a criminal prosecution to prove his incompetency to stand trial by clear and convincing evidence. Cooper has returned Louisiana to this Court's jurisprudential rule that a criminal defendant need prove his incapacity to proceed only by a clear preponderance of the evidence. State v. Brooks, 541 So.2d 801, 805 (La.1989); State v. Machon, 410 So.2d 1065, 1067 (La.1982). The trial court's ruling is therefore vacated and this case is remanded for retrial of the competency hearing. The defendant may appeal once more from an adverse ruling on the question of his competency to stand trial. In all other respects, the application is denied. BLEICH, J., would deny the writ. WATSON, J., not on panel.