by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The court shall order a mental examination of the defendant when it has reasonable ground to doubt the defendant’s mental capacity to proceed. Prior to the ordering of any such mental examination, the court shall appoint counsel to represent the defendant if he...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The defendant’s mental incapacity to proceed may be raised at any time by the defense, the district attorney, or the court. When the question of the defendant’s mental incapacity to proceed is raised, there shall be no further steps in the criminal...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Mental incapacity to proceed exists when, as a result of mental disease or defect, a defendant presently lacks the capacity to understand the proceedings against him or to assist in his defense.La. Cr.P. § 641
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If a change of venue is granted to the defendant over the objection of the state, or if the court denies an application by the state for a change of venue, the state shall have the right to appeal from the ruling, within the legal delays for making a motion for an...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If a defendant has furnished bail prior to a change of venue, his obligation and that of the surety on his bond shall be the same as if the prosecution had been instituted in the court to which the case is transferred.La. Cr.P. § 626
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If a defendant is in custody when a change of venue is granted, the sheriff shall immediately deliver him to the sheriff of the parish to which the case is transferred, who shall hold him in custody until otherwise ordered by the court.La. Cr.P. § 625
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