54 So. 3d 730
La. Ct. App.2010Background
- Jefferson Parish charged Tranchant with attempted aggravated rape and aggravated burglary; arraigned July 27, 2006.
- Defendant moved for mental examination Sept 28, 2006; competency hearing ordered; sanity commission appointed; initial report found competent to proceed but insufficient data on offense-time mental state.
- Competency hearing Oct 25, 2006: trial judge found competency; defendant withdrew not guilty and entered not guilty by reason of insanity.
- Nov 3, 2006: defendant filed insanity defense; Nov 9, 2006: sanity commission appointed to evaluate time of offense and present time.
- Feb 14, 2007: follow-up report found defendant legally sane at time of the offense; Mar 21, 2007: court vacated authority of sanity commission on competency issues.
- May 15, 2008: defendant pled guilty; sentenced to 20 years on each count, concurrent; 2009 post-conviction motions and out-of-time appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the guilty plea valid as voluntary and informed? | Tranchant argues plea was infirm for not withdrawing insanity plea and lacking proper insanity advisement. | State contends plea was freely and voluntarily made with proper Boykin advisement and competency. | Plea found freely and voluntarily; no infirmity. |
| Was there ineffective assistance of counsel? | Claims counsel failures regarding insanity proceedings and pre-trial hearing. | Insufficient briefing; no identifiable deficient act or prejudice shown. | Claim abandoned; no reversible error shown. |
| Were there patent errors requiring correction? | No errors patent found; convictions and sentences affirmed. |
Key Cases Cited
- State v. Wingerter, 926 So.2d 662 (La. App. 5 Cir. 2006) (guilty plea review limited to constitutionally infirm pleas)
- State v. McCoil, 924 So.2d 1120 (La. App. 5 Cir. 2006) (plea bargains and kept promises affect voluntariness)
- State v. Ursin, 720 So.2d 1248 (La. App. 5 Cir. 1998) (Boykin rights and voluntariness considerations for guilty pleas)
- State v. Wry, 591 So.2d 774 (La. App. 2 Cir. 1991) (burden to prove mental incapacity by preponderance of the evidence)
- State v. Dorsey, 447 So.2d 636 (La. App. 1 Cir. 1984) (standard for mental capacity to understand proceedings)