State v. Stewart

Although I concur in the majority’s ruling, i.e., the trial judge did not err in refusing to give the defendant a complete discharge or probation from the Feliciana Forensic Facility, I do not fully subscribe to the majority’s reasoning in arriving at the conclusion.

The treating psychiatrist expressed the opinion Stewart was not a danger to himself or others “due to mental illness or defects. ” In his August 7, 1984 judgment which was the subject of the prior appeal of this case to this court1 the trial judge said: “According to the criteria set forth in Jackson v. Foti,2 continued commitment…