by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence.La. Cr.P. ยง 652
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a defendant is tried upon a plea of “not guilty”, evidence of insanity or mental defect at the time of the offense shall not be admissible.The defenses available under a combined plea of “not guilty and not guilty by reason of insanity”...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a defendant enters a combined plea of “not guilty and not guilty by reason of insanity,” the court may appoint a sanity commission as provided in Article 644 to make an examination as to the defendant’s mental condition at the time of the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a person is returned to the committing court from an institution pursuant to Article 649 pending a sanity hearing, and the superintendent of the committing institution deems it necessary that the patient receive prescribed medication, it shall be the duty of the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. At any time after a defendant’s commitment, if either the superintendent of the mental institution or the administrator of outreach forensic services reports to the committing court that the defendant presently has the mental capacity to proceed, the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
No superintendent of an institution shall admit a defendant found by the court to lack the mental capacity to proceed pursuant to Article 648 unless he is furnished by the court the following information:(1) The name and address of the defendant’s attorney.(2)...
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