STATE OF LOUISIANA v. MIGUEL LOPEZ (2026)

Writ application granted. See per curiam.

JDH

JLW

JBM

PDG

JMG

CRC

AHP

Supreme Court of Louisiana April 28, 2026

SUPREME COURT OF LOUISIANA

No. 2026-KK-00179

STATE OF LOUISIANA

VERSUS

MIGUEL LOPEZ

On Writ of Certiorari to the 24th Judicial District Court for the Parish of Jefferson

PER CURIAM

The state must establish “that the committed person is dangerous to others or dangerous to himself” by clear and convincing evidence. La. C.Cr.P. art. 657.3(A)(2). At the August 7, 2025 hearing, the trial court appeared to articulate a standard of “even the slightest possibility” of dangerousness to constitute a sufficient showing by the State.

The trial court abused its discretion in failing to require the state to prove dangerousness by clear and convincing evidence. The trial court further erred in relying only on the crime of which the defendant was found to have been not guilty, by reason of insanity, as proof of his dangerousness. See La. C.Cr.P. art. 657.3(A)(2) (“In satisfying its burden of proof, the state may not rely solely upon the nature of the crime for which the committed person was found not guilty by reason of insanity․.”).

Accordingly, the trial court judgment is vacated, and the case is remanded for a new hearing where evidence may be introduced and the proper legal standard applied.

REMANDED.

Cole, J., additionally concurs and assigns reasons.