meaningful inquiry in Louisiana

1988In the recent decision of State v. Berry, 430 So.2d 1005 (La.1983), this court established a meaningful analysis for claims of ineffective assistance of counsel.

1986In the recent decision of State v. Berry, 430 So.2d 1005 (La.1983), this court established a meaningful analysis for claims of ineffective assistance of counsel.

1988Adopting the two-pronged inquiry of McQueen v. Swenson, 498 F.2d 207 (8th Cir.1974), this court established the first inquiry as to whether counsel violated some duty to the client.

1986Adopting the two-pronged inquiry of McQueen v. Swenson, 498 F.2d 207 (8th Cir.1974), this court established the first inquiry as to whether counsel violated some duty to the client.

2012See Lokos v. Capps, 625 F.2d 1258 (5th Cir.1980); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

1999If the trial court finds a meaningful inquiry cannot be had, or if it determines after the hearing that defendant was not competent at the time of his trial, defendant shall be entitled to a new trial. [18] See United States v. Mason, 52 F.3d 1286 (4th Cir.1995); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2012See, e.g., Reynolds v. Norris, 86 F.3d 796 (8th Cir.1996); Watts v. Singletary, 87 F.3d 1282 (11th Cir.1996); United States v. Renfroe, 825 F.2d 763 (3rd Cir.1987); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

2009See, e.g., Reynolds v. Norris, 86 F.3d 796 (8th Cir.1996); Watts v. Singletary, 87 F.3d 1282 (11th Cir.1996); United States v. Renfroe, 825 F.2d 763 (3rd Cir.1987); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

2012Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

1996Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

2012Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

1996Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

2012See, e.g., Reynolds v. Norris, 86 F.3d 796 (8th Cir.1996); Watts v. Singletary, 87 F.3d 1282 (11th Cir.1996); United States v. Renfroe, 825 F.2d 763 (3rd Cir.1987); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

2009See, e.g., Reynolds v. Norris, 86 F.3d 796 (8th Cir.1996); Watts v. Singletary, 87 F.3d 1282 (11th Cir.1996); United States v. Renfroe, 825 F.2d 763 (3rd Cir.1987); Zapata v. Estelle, 588 F.2d 1017 (5th Cir.1979).

2008The Louisiana Supreme Court stated in State ex rel Seals v. State, 00-2738 (La.10/25/02); 831 So.2d 828 , that "[t]he failure to resolve the issue of a defendant's capacity to proceed may result in nullification of the conviction and sentence under State v. Nomey, 613 So.2d 157 , (La.1993), or a nunc pro tunc hearing to determine competency retrospectively under State v. Snyder, 98-1078 (La.4/14/99), 750 So.2d 832 ." A nunc pro tunc hearing to determine appellant's competency retrospectively is only appropriate "if a meaningful inquiry into the defendant's competency may still be had." State e

2008The Louisiana Supreme Court stated in State ex rel Seals v. State, 00-2738 (La.10/25/02); 831 So.2d 828 , that "[t]he failure to resolve the issue of a defendant's capacity to proceed may result in nullification of the conviction and sentence under State v. Nomey, 613 So.2d 157 , (La.1993), or a nunc pro tunc hearing to determine competency retrospectively under State v. Snyder, 98-1078 (La.4/14/99), 750 So.2d 832 ." A nunc pro tunc hearing to determine appellant's competency retrospectively is only appropriate "if a meaningful inquiry into the defendant's competency may still be had." State e

2012Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

1996Bourque, 622 So.2d at 233 ; Hamilton, 478 So.2d at 129 ; State v. Prieur, 277 So.2d 126 (La.1973).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2020On the other hand, “[i]n certain instances, a nunc pro tunc hearing on the issue of competency is appropriate if a meaningful inquiry into the defendant’s competency may still be had.” Id. (citing State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832 , opinion after remand, 98-1078 (La. 4/14/04), 874 So.2d 739 , cert, granted, judgment vacated on other grounds, Synder v. Louisiana, 545 U.S. 1137 , 125 S.Ct. 2956 , 162 L.Ed.2d 884 (2002)).

2018App. 4 Cir. 3/2/16), 190 So.3d 354 , 357, 358, writ *40 denied , 16-0618 (La. 5/13/16), 191 So.3d 1057 , we find that the trial court "failed to hold a full and meaningful hearing on Defendant's motion for downward departure" and that the record in this matter "is simply too insufficiently developed" for the trial court "to have properly determined that" a downward departure in Ms. Dowell's case was not warranted.

2016As we found in State v. Ellis, 14-1170, pp. 3, 37 (La.App. 4 Cir. 3/2/16), 190 So.3d 354, 357, 378 , writ denied, 16-0618 (La.5/13/16), 191 So.3d 1057 , we find that the trial court “failed to hold a full and meaningful hearing on Defendant’s motion for downward departure” and that the record in this matter “is simply too insufficiently developed” for the trial court “to have properly determined that” a downward departure in Ms. Dowell’s case was not warranted.

2017The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available.” The court in Miller v. Dugger, 838 F.2d 1530 (11th Cir. 1988) noted that it had never given the district courts a list of factors that must be met in order to determine that a nunc pro tunc determination of competency is possible, but stated that relevant factors include time, availability of witnesses and the existence of evidence on the state record about the defendant’s mental state at the time.

2005The passage of time is not an insurmountable obstacle if sufficient contemporaneous information is available." The court in Miller v. Dugger, 838 F.2d 1530 (11th Cir.1988) noted that it had never given the district courts a list of factors that must be met in order to determine that a nunc pro tunc determination of competency is possible, but stated that relevant factors include time, availability of witnesses and the existence of evidence on the state record about the defendant's mental state at the time.

2017In determining whether a defendant has knowingly and intelligently waived the right to counsel, a trial court must conduct "a meaningful inquiry" with the defendant regarding the waiver and must advise the defendant "of the dangers and disadvantages of self-representation." State v. Hayes , 95-1170, pp. 4-5 (La.App. 3 Cir. 3/6/96), 670 So.2d 683 , 685-86.

2015In determining whether a defendant has knowingly and intelligently waived the right to counsel, a trial court must conduct “a meaningful inquiry” with the defendant regarding the waiver and must advise the defendant “of the dangers and disadvantages of self-representation.” State v. Hayes, 95-1170, pp. 4-5 (La.App. 3 Cir. 3/6/96), 670 So.2d 683, 685-86 .

2016There is no doubt that the defendant committed brutal and shocking acts; however, the question of whether or not these acts and his behavior while incarcerated demonstrate an irretrievable depravity of character such that he will never be eligible for parole is a question for the district court after a meaningful hearing pursuant to Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) and further mandated by Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 734 , 193 L.Ed.2d 599 (2016), as revised (Jan. 27, 2016).

2016There is no doubt that the defendant committed brutal and shocking acts; however, the question of whether or not these acts and his behavior while incarcerated demonstrate an irretrievable depravity of character such that he will never be eligible for parole is a question for the district court after a meaningful hearing pursuant to Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) and further mandated by Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 734 , 193 L.Ed.2d 599 (2016), as revised (Jan. 27, 2016).

2016There is no doubt that the defendant committed brutal and shocking acts; however, the question of whether or not these acts and his behavior while incarcerated demonstrate an irretrievable depravity of character such that he will never be eligible for parole is a question for the district court after a meaningful hearing pursuant to Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) and further mandated by Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 734 , 193 L.Ed.2d 599 (2016), as revised (Jan. 27, 2016).

2016There is no doubt that the defendant committed brutal and shocking acts; however, the question of whether or not these acts and his behavior while incarcerated demonstrate an irretrievable depravity of character such that he will never be eligible for parole is a question for the district court after a meaningful hearing pursuant to Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) and further mandated by Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 734 , 193 L.Ed.2d 599 (2016), as revised (Jan. 27, 2016).

2016Additionally, as I noted in State v. Montgomery, 13-1163 (La. 6/28/16), 194 So.3d 606 , it is | ^crucial going forward that trial courts establish solid and thorough records in the Montgomery/Miller line of cases in order to aid appellate courts in developing this novel and important area of law.

2016Additionally, as I noted in State v. Montgomery, 13-1163 (La. 6/28/16), 194 So.3d 606 , it is critical that trial courts establish a solid and thorough record in the Montgomery/Miller line of cases in order to allow appellate courts to further examine and develop this new and important area of law.

2012See Snyder, 750 So.2d 832 ; [State v.] Mathews, 809 So.2d 1002 [(La.App. 1 Cir.2001)].

2005See Snyder, 750 So.2d 832 ; Mathews, 809 So.2d 1002 .

2008Carter, 664 So.2d at 371 .

2000Carter, 664 So.2d at 371 .

2001State v. Johnson, 94-1379 (La.11/27/95), 664 So.2d 94 .

1999State v. Johnson, 94-1379, p. 9-10 (La.11/27/95), 664 So.2d 94, 99 .

1996In Hattaway, supra, this court decided that a defendant has the right to an attorney "after the initiation of adverse judicial criminal proceedings and the appointment of counsel to assist the defendant, ... at any confrontation caused by the state that creates potential substantial prejudice to his right to a meaningful defense or a fair trial, if the help of a lawyer would serve to avoid or reduce that prejudice." Id. at 798 .

1996In Hattaway, supra, this court decided that a defendant has the right to an attorney "after the initiation of adverse judicial criminal proceedings and the appointment of counsel to assist the defendant, ... at any confrontation caused by the state that creates potential substantial prejudice to his right to a meaningful defense or a fair trial, if the help of a lawyer would serve to avoid or reduce that prejudice." Id. at 798 .