Legal Opinion · Concurrence

In re Deville

Louisiana Court of Appeal

Decided December 9, 1992No. 91-1338Published

1ConcurrenceKnoll, Judge

I agree that the language of LSA-R.S. 28:54(C) does not require the presence of the patient at a commitment hearing. It simply states that the person is entitled to notice that he has “a right to be present at the hearing....” A patient may waive his right to be present, but the patient in the present case did not. Commitment of Malvo, 343 So.2d 1178 (La.App. 3rd Cir.1977), writ denied, 346 So.2d 207 (La.1977). Also, judicial commitments of the mentally ill and interdiction of incompetents may meet due process standards, even when physical presence. is impractical or when the ability to…

2Cases cited2 opinions

  1. State, in Interest of Ae and JdLouisiana Court of Appeal · 1984
  2. Commitment of MalvoLouisiana Court of Appeal · 1977

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