STATE v. SMITH

No. 17116-KW.

471 So.2d 954 (1985)

STATE of Louisiana, Plaintiff-Respondent, v. Arthur W. SMITH, Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1985.


Attorney(s) appearing for the Case

Ford E. Stinson, Jr., Indigent Defender Bd., Benton, for defendant-applicant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Henry N. Brown, Jr., Dist. Atty., Bobby L. Stromile, Asst. Dist. Atty., Benton, for plaintiff-respondent.

Before HALL, MARVIN and NORRIS, JJ.


NORRIS, Judge.

We granted defendant's writ application to consider the correctness of the trial court's finding that he is competent to stand trial. The issue here is somewhat unique since it is virtually conceded that defendant, because he is a deaf-mute and unable to speak or otherwise effectively communicate, lacks the capacity or ability to assist in his defense. However, because defendant's incapacity results from mild retardation and a physical defect rather...

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