Supreme Court of Louisiana, 1977

City of Minden v. Gray

City of Minden v. Gray
Supreme Court of Louisiana · Decided January 7, 1977 · Dennis
340 So. 2d 990; 1977 La. LEXIS 5473 (Southern Reporter, Second Series)

City of Minden v. Gray

Opinion of the Court

In re: Merrick Gray, applying for writs of certiorari, prohibition, mandamus and/or review and for Stay Order.

Writ denied. No abuse of discretion.

Dissenting Opinion

DENNIS, J.,

is of the opinion the case should be remanded for further proceedings, including an examination of relator by an independent medical expert and an additional hearing to determine whether relator should or can be taken to his physician for periodic checks on the performance of his medication, whether and to what extent relator is presently confined to bed or his activities restricted, whether he is able to withstand the stress of incarceration, and whether he is now in a period of convalescence which medical experts expect to terminate within a reasonable time so that execution of sentence should be temporarily suspended. In light of relator’s proven history of recent and serious heart trouble, the Court should not require his incarceration on a non-violent, non-larcenous misdemean- or without first obtaining such information.

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