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STATE EX REL. LOCKHART v. ARMISTEAD

No. 59665.

351 So.2d 496 (1977)

STATE of Louisiana ex rel. Major Field LOCKHART, Relator, v. T. N. ARMISTEAD, Superintendent, East Louisiana State Hospital, Respondent.

Supreme Court of Louisiana.

Rehearing Denied November 11, 1977.

Attorney(s) appearing for the Case

R. James Kellogg, American Civil Liberties Union of La., Inc., New Orleans, for plaintiff-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Thomas S. Halligan, A. Mills McCawley, Asst. Attys. Gen., Henry N. Brown, Jr., Dist. Atty., James S. Harris, Asst. Dist. Atty., for defendant-respondent.

TATE, Justice.

In 1975, Lockhart was committed to a state mental institution upon a finding that he lacked mental capacity to assist his counsel in the defense of criminal charges. La.C.Cr.P. art. 648 (1975). His petition of habeas corpus was denied by the trial court.

We granted certiorari to consider whether Lockhart's continued confinement by virtue of Article 648 violates due process protections afforded him by our state and federal constitutions.

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