STATE OF LOUISIANA NO. 2025 KW 0113 VERSUS

JOHN ( AKA: JAMES) ELLIOT FEBRUARY 24, 2025 THOMPSON

In Re: John ( AKA: James) Elliot Thompson, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston., Nos. 46652, 47509.

BEFORE: McCLENDON, C. J., LANIER AND BALFOUR, JJ.

WRIT DENIED.

WIL KEB

McClendon, C. J., I respectfully dissent and would grant the writ. The Louisiana Supreme Court set forth the considerations and factors for evaluating whether a defendant accused of a criminal offense has the legal capacity to proceed, is fully aware of the nature of the proceedings, and can assist in his defense. See State v. Campbell, 2006- 0286 ( La. 5/ 21/ 08), 983 So. 2d 810, 850, cert. denied, 555 U. S. 1040, 129 S. Ct 607, 172 L. Ed. 2d 471 ( 2008) .

See also State v. Bennett, 345 So. 2d 1129, 1138 ( La. 1977); Louisiana v. Kelly, 2023- 1340 ( La. App. lst Cir. 12/ 27/ 24), 2024 WL 5232399, * 2( unpublished).

The colloquy with relator did not fully comply with Campbell. Therefore, I would remand for the trial court to hold a full hearing to address all factors set forth in Campbell, 983 So. 2d at 850.

COURT OF APPEAL, FIRST CIRCUIT

CJ'J DEPUTY CLERK OF COURT FOR THE COURT