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Supreme Court of Louisiana, 1967

State v. Burton

State v. Burton
Supreme Court of Louisiana · Decided June 5, 1967 · Granted, Sanders, Should, Summers
250 La. 892; 199 So. 2d 914; 1967 La. LEXIS 2627

State v. Burton

Opinion of the Court

In re: State of Louisiana applying for writ of certiorari.

*893Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

SUMMERS, J., is of the opinion the writ should be granted.

Concurring Opinion

SANDERS, J.,

concurs in refusal of writ. The state’s remedy is hy appeal. A ruling that a defendant is incapable of standing trial is a final judgment as to that issue. See State v. Hebert, 187 La. 318, 174 So. 369. Therefore, the state is entitled to an appeal. See Reporter’s Comments, Art. 648, C.Cr.P. and Op.Atty.Gen. 1942-1944, p. 249.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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