State ex rel. Sutton v. Henderson

Supreme Court of Louisiana

State ex rel. Sutton v. Henderson

257 So. 2d 435, 260 La. 864, 1972 La. LEXIS 5666

CourtSupreme Court of Louisiana

DecidedFebruary 21, 1972

DocketNo. 52153

StatusPublished

This text of 257 So. 2d 435 (State ex rel. Sutton v. Henderson) 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. Sutton v. Henderson, 257 So. 2d 435, 260 La. 864, 1972 La. LEXIS 5666 (La. 1972).

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Opinion

In re: Steve W. Sutton applying for writs of mandamus, habeas corpus and certiorari.

Application denied; the transcript of the arraignment and the hearing on applicant’s motion to change his plea, included in the answer filed by respondent, clearly establish that the applicant is not entitled to the relief sought.

BARHAM, J., does not concur.

Relator waived counsel and pleaded — he then sought to have plea withdrawn before sentence. Counsel appointed for the purpose of considering plea withdrawal labels relator not [865]*865average and of limited education. No harm can he done the state to allow withdrawal of a possible unknowing without counsel plea. No ascertainment of facts to support plea were elicited from defendant.

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In re: Steve W. Sutton applying for writs of mandamus, habeas corpus and certiorari.

Application denied; the transcript of the arraignment and the hearing on applicant’s motion to change his plea, included in the answer filed by respondent, clearly establish that the applicant is not entitled to the relief sought.

BARHAM, J., does not concur.

Relator waived counsel and pleaded — he then sought to have plea withdrawn before sentence. Counsel appointed for the purpose of considering plea withdrawal labels relator not [865]*865average and of limited education. No harm can he done the state to allow withdrawal of a possible unknowing without counsel plea. No ascertainment of facts to support plea were elicited from defendant.

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Bluebook (online)

257 So. 2d 435, 260 La. 864, 1972 La. LEXIS 5666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sutton-v-henderson-la-1972.