State v. LaFlore
Cases that cite this one
1 later published case cites this decision.
- Ex Parte LaFlore (Ala. 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
PETITION FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, FOR WRIT OF PROHIBITION
This matter comes on to be heard on a petition for a writ of mandamus, or in the alternative, for a writ of prohibition by Hon. James H. Evans, District Attorney of the Fifteenth Judicial Circuit, directed to Hon. Perry 0. Hooper, Circuit Judge, Fifteenth Judicial Circuit.
Under the facts as presented to this Court, the respondent is not held in confinement, being out on bond. Therefore, the Circuit Judge was without authority to order a jury determination of the respondent’s competency to stand trial. Billups v. State, 338 So.2d 478, (Ala.App. 1976); Hawes v. State, 48 Ala.App. 565, 266 So.2d 652 (1972); Ala.Code, § 15-16-21 (1975).
Petition for mandamus granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.