State ex rel. Creppel v. Henderson

Supreme Court of Louisiana

State ex rel. Creppel v. Henderson

257 So. 2d 435, 260 La. 865, 1972 La. LEXIS 4833

Supreme Court of Louisiana·Decided February 21, 1972·No. No. 52165·Published

Opinion

In re: Euince J. Creppel, Huey L. Creppel, Ernest J. Creppel applying for writs of habeas corpus.

Writ refused. The showing made is insufficent to warrant the exercise of our original or supervisory jurisdiction.

BARHAM, J., does not concur.

We have no record for review. The minutes are not before us — there has been no evidentiary hearing. Relator complains of incompetent counsel and involuntary plea of guilty. Although this is pre-Boykin— knowingly — voluntary plea was the essential, Judges ex parte recall — without hearing and confrontation — of plea will not suffice. See State ex rel. Brownfield v. Henderson, 260 La. 445, 256 So.2d 437. See also State ex rel. Burks v. Henderson, 256 La. 836, 239 So.2d 351.

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In re: Euince J. Creppel, Huey L. Creppel, Ernest J. Creppel applying for writs of habeas corpus.

Writ refused. The showing made is insufficent to warrant the exercise of our original or supervisory jurisdiction.

BARHAM, J., does not concur.

We have no record for review. The minutes are not before us — there has been no evidentiary hearing. Relator complains of incompetent counsel and involuntary plea of guilty. Although this is pre-Boykin— knowingly — voluntary plea was the essential, Judges ex parte recall — without hearing and confrontation — of plea will not suffice. See State ex rel. Brownfield v. Henderson, 260 La. 445, 256 So.2d 437. See also State ex rel. Burks v. Henderson, 256 La. 836, 239 So.2d 351.

State ex rel. Creppel v. Henderson, 257 So. 2d 435, 260 La. 865, 1972 La. LEXIS 4833 (La. 1972).

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Opinion

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