Supreme Court of Louisiana, 1993

State ex rel. Gray v. Whitley

State ex rel. Gray v. Whitley
Supreme Court of Louisiana · Decided March 26, 1993 · Calogero, Lemmon
614 So. 2d 1250; 1993 La. LEXIS 1268; 1993 WL 89115 (Southern Reporter, Second Series)

State ex rel. Gray v. Whitley

Opinion of the Court

In re Gray, Joseph; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Jefferson, 24th Judicial District Court, Div. “D”, to the Court of Appeal, Fifth Circuit, No. 92-KW-1026.

Granted in part; denied in part. Relator’s request to have the charge against him quashed on prescription grounds is denied as the time limitations have been interrupted because of a finding that he is not competent to proceed. La.C.Cr.P. art. 579. However, his contention that he has been denied proper treatment for his mental condition is granted for the sole purpose of transferring the complaint to the district court for its prompt consideration. If the trial court determines relator is still unable to proceed, an order shall issue directing-that relator be committed to the Feliciana Forensic Facility until such time as he is found competent to proceed. La.C.Cr.P. art. 648.

Concurring Opinion

LEMMON, J.,

concurs. As long as the pending charges are maintained, relator is entitled to the relief granted.

CALOGERO, C.J., not on panel.

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