Turner v. Feliciana Forensic Facility

I2REDMANN, Judge pro tern.

The question on this appeal2 is whether petitioner, judicially committed to a state mental institution as a danger to himself and others, is entitled to discharge because the first of the required “annual” hearings to review his case had not been held as of 13 months and a day after his May 13, 1992 commitment.

The answer is he is not. Unjustified delay in his annual hearing may violate La. R.S. 28:56 B but does not make his confinement unlawful or annul the judgment authorizing the mental institution to hold him; and it therefore does not require his discharge…