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

CourtSupreme Court of Louisiana

DecidedApril 27, 1981

DocketNo. 81-KH-0112

StatusPublished

This text of 402 So. 2d 89 (State ex rel. Howard v. Clerk of Court, First Judicial District Court) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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402 So. 2d 89, 1981 La. LEXIS 7906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-howard-v-clerk-of-court-first-judicial-district-court-la-1981.

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