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State v. Frank

Supreme Court of Louisiana
Oct 4, 1996
679 So. 2d 1365 (La. 1996)

Summary

In State v. Frank, 96-1136 (La. 10/4/96), 679 So.2d 1365, the Louisiana Supreme Court recognized that Cooper invalidated 1990 La. Acts No. 755, amending LSA-C.Cr.P. art. 648 to require a finding of incompetency by "clear and convincing evidence."

Summary of this case from State v. Raymond

Opinion

No. 96-K-1136

October 4, 1996

IN RE: Frank, Curtis J.; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CR95-1101; Parish of Evangeline 13th Judicial District Court Div. "A" Number 49,326F


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 Claude 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.

WFM

PFC

HTL

CDK

BJJ

JPV

WATSON, J. not on panel.

BLEICH, J. would deny the writ.


Summaries of

State v. Frank

Supreme Court of Louisiana
Oct 4, 1996
679 So. 2d 1365 (La. 1996)

In State v. Frank, 96-1136 (La. 10/4/96), 679 So.2d 1365, the Louisiana Supreme Court recognized that Cooper invalidated 1990 La. Acts No. 755, amending LSA-C.Cr.P. art. 648 to require a finding of incompetency by "clear and convincing evidence."

Summary of this case from State v. Raymond

In State v. Frank, 96-1136 (La. 10/4/96), 679 So.2d 1365, the Court stated that based on Cooper, La.C.Cr.P. art. 648(A) violated a defendant's due process rights to the extent that it required a defendant to prove his incompetency to stand trial by clear and convincing evidence.

Summary of this case from State v. Picot

In State v. Frank, 96-1136 (La 10/4/96), 679 So.2d 1365, 1366, the Louisiana State Supreme Court held that the decision in Cooper applied to supersede La.C.Cr.P. art. 648 (A) insofar as the statute requires proof by clear and convincing evidence.

Summary of this case from State v. Campbell

In State v. Frank, 96-1136 (La. 10/4/96), 679 So.2d 1365, the Court in a per curiam decision noted that the decision in Cooper applied to La.C.Cr.P. Article 648 and returned Louisiana to the rule prior to the 1990 amendment wherein the defendant's burden of proof was a preponderance of the evidence only.

Summary of this case from State v. Gaines
Case details for

State v. Frank

Case Details

Full title:STATE OF LOUISIANA v. CURTIS J. FRANK

Court:Supreme Court of Louisiana

Date published: Oct 4, 1996

Citations

679 So. 2d 1365 (La. 1996)

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