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Landmark Cases

Case Name: State of LOUISIANA v. Michael PERRY

Date, Location, Cite: 1992 LA
610 So2d 746
LA Supreme Court

Perry was psychotic in '81. In '83 he murdered parents, cousins, 2 year old nephew; entered Not Guilty plea over attorney's objections; In '85 was sentenced to death; went to Supreme Court, sent back without opinion; finally LA Supreme Court said "you can't execute insane" but can NOT force treatment in order to execute.

This was position held by American Psychiatric Association, though they also wanted a Supreme Court decision requiring automatic life sentence to replace death penality for the insane, didn't get it. No one knows why Supreme Court just sent it back, but they probably couldn't decide, and didn't want to rule on such an issue without a consensus. cf AKE v. OK