Forensic psychiatry & mental health law

Psychiatry & Law Radar

Tue 6 OctCASE

Headlines are the editor's. Summaries are machine-written and staff reviewed. Nothing here is legal or clinical advice.

Staff reviewed

STATE OF LOUISIANA V. DE'ANDRUS LONG JR.

— STAFF
La. C. Cr. P. art. 641 defines mental incapacity to proceed in a single formulation applicable to all stages: “a defendant lacks the capacity to understand the proceedings against him or to assist in his defense.” There is no article in Louisiana law prescribing a separate competency-to-plead evaluation. We therefore cannot find error in the trial court’s decision not to order one.

La. Ct. App. · affirmed

Whether a filed but unordered request for a juvenile competency commission blocks divestiture of juvenile jurisdiction by indictment.

https://www.courtlistener.com/opinion/10988195/state-of-louisiana-v-deandrus-long-jr/