STATE EX REL. LOWENFIELD v. BUTLER

No. 88-KP-0863.

522 So.2d 560 (1988)

STATE ex rel. Leslie LOWENFIELD v. Robert Hilton BUTLER, Warden.

Supreme Court of Louisiana.

April 12, 1988.


Denied.

DIXON, C.J., would grant the stay and writ. The clinical psychologist who spent 5 hours with defendant concluded: "Lowenfield indicated that he is currently unable to understand the death penalty." C.Cr.P. 642 provides that mental incapacity to proceed may be raised at any time, and when it is raised, "there shall be no further steps in the prosecution ..." until the defendant is found to have the mental capacity to proceed. When the Court has "reasonable...

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