STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2024 KW 0792 VERSUS

CHRISTOPHER R. SMITH OCTOBER 31, 2024

In Re: Louisiana Department of Health, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 18 - CR - 424.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED.

The district court' s May 7, 2024, ruling denying the defendant' s release from Eastern Louisiana Mental Health System is vacated.

The testimony adduced at the hearing did not establish by clear and convincing evidence that the defendant suffers from a mental disease or defect. See Foucha v. Louisiana, 504 U. S. 71, 112 S. Ct. 1780, 118 L. Ed. 2d 437 ( 1992) ; State v. Edwards, 2022- 00983 ( La. 11/ 1/ 22) , 348 So. 3d 1269 ( per curiam) , cert. denied, _ U. S._, 143 S. Ct. 1098, 215 L. Ed. 2d 406 ( 2023) .

Therefore, his continued confinement in Eastern Louisiana Mental Health System violates due process. Foucha, 504 U. S. at 71, 112 S. Ct. at 1780. However, while this matter was the pending, Legislature enacted La. Code Crim. P. art. 657. 3, which provides for active persons. committed supervised release for dangerous but not mentally ill Accordingly, this matter is remanded to the district court to determine in light of the evidence presented at the May 7, 2024 hearing, whether active supervised release is appropriate for the defendant.

SMM HG

Wolfe, J., dissents and would deny the writ application.

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF' COURT FOR THE COURT