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STATE v. PERRY

No. 91-KP-1324.

610 So.2d 746 (1992)

STATE of Louisiana v. Michael Owen PERRY.

Supreme Court of Louisiana.

Dissenting Opinion November 9, 1992.

Rehearing Denied November 25, 1992.

Attorney(s) appearing for the Case

Keith B. Nordyke, June E. Denlinger, McGlinchey, Stafford, Cellini & Lang, Joseph I. Giarrusso, Jr., for applicant.

Richard Ieyoub, Atty. Gen., Douglas P. Moreau, Dist. Atty., Mary P. Jones, Kathleen E. Petersen, for respondent.

Dissenting Opinion by Justice Cole November 9, 1992.

DENNIS, Justice.

The fundamental question raised by this case is whether the state can circumvent the centuries old prohibition against execution of the insane by medicating an incompetent death row prisoner against his will with antipsychotic drugs and carrying out his death sentence while he is under the influence of the drugs. After a hearing to determine whether the death row inmate was competent to...

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