State ex rel. Howard v. Clerk of Court, First Judicial District Court

Supreme Court of Louisiana

State ex rel. Howard v. Clerk of Court, First Judicial District Court

402 So. 2d 89, 1981 La. LEXIS 7906

Supreme Court of Louisiana·Decided April 27, 1981·No. No. 81-KH-0112·Published

Opinions

PER CURIAM.

GRANTED. Just as with other trial irregularities involving fundamental rights, the defendant’s failure to object or to present evidence of the non-existence of the record does not prevent his raising the lack of a record of the constitutionally required judicial determination that his plea was voluntary in an application for a writ of habe-as corpus, La.Code of Crim.Proc. art. 362, or in a motion for a new trial, La.Code of Crim.Proc. art. 851. State v. Nelson, 379 So.2d 1072 (La.). See La.Code of Crim. Proc. art. 841 official revision comment (b). Accordingly, the trial court is ordered to conduct an evidentiary hearing on relator’s motion.

LEMMON, J., concurs and assigns reasons. MARCUS, J., dissents from the grant, being of the opinion that the ruling of the trial judge was correct. BLANCHE and WATSON, JJ., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

GRANTED. Just as with other trial irregularities involving fundamental rights, the defendant’s failure to object or to present evidence of the non-existence of the record does not prevent his raising the lack of a record of the constitutionally required judicial determination that his plea was voluntary in an application for a writ of habe-as corpus, La.Code of Crim.Proc. art. 362, or in a motion for a new trial, La.Code of Crim.Proc. art. 851. State v. Nelson, 379 So.2d 1072 (La.). See La.Code of Crim. Proc. art. 841 official revision comment (b). Accordingly, the trial court is ordered to conduct an evidentiary hearing on relator’s motion.

LEMMON, J., concurs and assigns reasons. MARCUS, J., dissents from the grant, being of the opinion that the ruling of the trial judge was correct. BLANCHE and WATSON, JJ., dissent.

State ex rel. Howard v. Clerk of Court, First Judicial District Court, 402 So. 2d 89, 1981 La. LEXIS 7906 (La. 1981).

Pincite

402 So. 2d 89 (State ex rel. Howard v. Clerk of Court, First Judicial District Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related