96-KP-0488 Precedential Reinstated Processed

State v. Gowan

Louisiana Supreme Court · Filed March 29, 1996 · 670 So. 2d 1222

Also decided on this docket: La., May 10, 1996 672 So. 2d 917; La., March 29, 1996 670 So. 2d 1222

Cited by

Distinguished in 2

State of Louisiana v. Victor D. Guillory A/K/A Victory Guillory La. Ct. App. 3d Cir. 2023
State v. Willie 235 So. 3d 1339 La. Ct. App. 1st Cir. 2017
State v. Camper 996 So. 2d 571 La. Ct. App. 4th Cir. 2008
State v. Juniors 918 So. 2d 1137 La. Ct. App. 3d Cir. 2005
State of Louisiana v. Glynn Juniors La. Ct. App. 3d Cir. 2005
State v. Mathews 809 So. 2d 1002 La. Ct. App. 1st Cir. 2001
State v. Clem 779 So. 2d 763 La. Ct. App. 2d Cir. 2000
State v. Swafford 715 So. 2d 104 La. Ct. App. 2d Cir. 1998
State v. Barnett 700 So. 2d 1005 La. Ct. App. 1st Cir. 1997
State v. Dugas 683 So. 2d 1253 La. Ct. App. 3d Cir. 1996

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Nomey 613 So. 2d 157

Opinion text

670 So.2d 1222 (1996) STATE of Louisiana v. Marion F. GOWAN. No. 96-KP-0488. Supreme Court of Louisiana. March 29, 1996. Rehearing Denied May 10, 1996. Granted. The present case is distinguishable from State v. Nomey, 613 So.2d 157 (La.1993), since the trial judge never ruled on defendant's motion for appointment of a sanity commission. Unlike Nomey, there was no threshold determination by the trial judge that a sanity commission should be appointed. Therefore, by failing to request a hearing on this motion prior to entering his guilty plea, defendant implicitly waived his right to have the motion heard. Accordingly, the judgment of the court of appeal is vacated and set aside and the judgment of the trial court denying post conviction relief is reinstated.