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State v. Gowan

STATE of Louisiana v. Marion F. GOWAN

State v. Gowan, 670 So. 2d 1222 (La. 1996)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
March 29, 1996
Docket
No. 96-KP-0488
Citations
670 So. 2d 12221996 La. LEXIS 13001996 WL 146244
Cited by 7

Opinion of the Court

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In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 28033-KH; Parish of Ouachita, 4th Judicial District Court, Div. “E”, No. 40,035.

Granted. The present case is distinguishable from State v. Nomey, 613 So.2d 157 (La.1993), since the trial judge never ruled on defendant’s motion for appointment of a sanity commission. Unlike Nomey, there was no threshold determination by the trial judge that a sanity commission should be appointed. Therefore, by failing to request a hearing on this motion prior to entering his guilty plea, defendant implicitly waived his right to have the motion heard. Accordingly, the judgment of the court of appeal is vacated and set aside and the judgment of the trial court denying post conviction relief is reinstated.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1996: 11997: 11998: 12000: 12001: 12005: 12008: 119962026peak 1996 · 1

Relies on it most ⓘ

  1. State v. Barnett700 So. 2d 1005 (La. Ct. App. 1997)
  2. State v. Dugas683 So. 2d 1253 (La. Ct. App. 1996)
  3. State v. Mathews809 So. 2d 1002 (La. Ct. App. 2001)
  4. State v. Juniors918 So. 2d 1137 (La. Ct. App. 2005)
  5. State v. Camper996 So. 2d 571 (La. Ct. App. 2008)
  6. State v. Clem779 So. 2d 763 (La. Ct. App. 2000)

Most recent

  1. State v. Camper996 So. 2d 571 (La. Ct. App. 2008)
  2. State v. Juniors918 So. 2d 1137 (La. Ct. App. 2005)
  3. State v. Mathews809 So. 2d 1002 (La. Ct. App. 2001)
  4. State v. Clem779 So. 2d 763 (La. Ct. App. 2000)
  5. State v. Swafford715 So. 2d 104 (La. Ct. App. 1998)
  6. State v. Barnett700 So. 2d 1005 (La. Ct. App. 1997)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Nomey, 613 So. 2d 157 (La. 1993) 75

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