State v. Abbott, 97 So. 3d 1066

Defendant Perry Abbott was charged with second degree battery under La. R.S. 14:34.1 and initially pled not guilty, later pleading not guilty by reason of insanity.
A bench trial occurred after a competency finding, resulting in a guilty verdict and a five-year sentence at hard labor.
Facts show Abbott, hospitalized for bipolar disorder, attacked a nurse, inflicting serious facial injuries; the incident was videotaped.
Two treating physicians and two evaluating psychiatrists offered competing insanity opinions; the treating physician opined Abbott could distinguish right from wrong, while evaluators suggested impairment.
The trial court accepted the treating physician’s credibility, rejecting the evaluators’ opinions, and the jury convicted Abbott.
Post-trial, the court found an error patent regarding whether Abbott knowingly waived jury trial rights and remanded for an evidentiary hearing on waiver validity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Insanity defense sufficiency	Abbott did not prove insanity by preponderance.	Abbott’s mental disease prevented distinguishing right from wrong.	Evidence supported sanity; conviction upheld.
Jury trial waiver validity	Abbott validly waived jury trial.	Waiver not knowingly and intelligently made.	Waiver invalid; remand for evidentiary hearing on waiver feasibility.

State v. Silman, 663 So.2d 27 (La. 1995) (sanity presumption and insanity burden standard)
State v. Branch, 759 So.2d 31 (La. 2000) (procedure for insanity defense bifurcated analysis)
State v. Williams, 76 So.3d 90 (La. App. 5th Cir. 2011) (totality of evidence in insanity evaluation)
State v. Nanlal, 701 So.2d 963 (La. 1997) (remand when waiver validity is disputed)
State v. Lokey, 840 So.2d 653 (La. App. 5th Cir. 2003) (noncapital jury waiver must be knowingly and intelligently made)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)