State ex rel. Merriett v. Williams

Supreme Court of Louisiana

State ex rel. Merriett v. Williams

609 So. 2d 241, 1992 La. LEXIS 3908, 1992 WL 382107

CourtSupreme Court of Louisiana

DecidedDecember 21, 1992

DocketNo. 91-KH-1975

StatusPublished

This text of 609 So. 2d 241 (State ex rel. Merriett v. Williams) 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.

Bluebook

State ex rel. Merriett v. Williams, 609 So. 2d 241, 1992 La. LEXIS 3908, 1992 WL 382107 (La. 1992).

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Opinion

In re Merriett, Carl; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Tensas, 6th Judicial District Court, Div. “B”, No. 31-552-3.

Granted. This case is remanded to the district court for a determination of whether relator received two theft convictions for the single punishable act of stealing a pickup truck and the toolbox attached thereto. If such is the case, the district court is directed to vacate one of the two convictions despite the fact that relator received concurrent sentences. See Ball v. United States, 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985). Additionally, the district court is directed to appoint relator counsel and conduct an evidentiary hearing to determine whether his remaining plea, because of counsel’s ineffective assistance, was entered unknowingly, unintelligently, and involuntarily on the false premise that he faced two convictions and up to twenty years imprisonment at hard labor.

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In re Merriett, Carl; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Tensas, 6th Judicial District Court, Div. “B”, No. 31-552-3.

Granted. This case is remanded to the district court for a determination of whether relator received two theft convictions for the single punishable act of stealing a pickup truck and the toolbox attached thereto. If such is the case, the district court is directed to vacate one of the two convictions despite the fact that relator received concurrent sentences. See Ball v. United States, 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985). Additionally, the district court is directed to appoint relator counsel and conduct an evidentiary hearing to determine whether his remaining plea, because of counsel’s ineffective assistance, was entered unknowingly, unintelligently, and involuntarily on the false premise that he faced two convictions and up to twenty years imprisonment at hard labor.

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Bluebook (online)

609 So. 2d 241, 1992 La. LEXIS 3908, 1992 WL 382107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-merriett-v-williams-la-1992.

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