State v. Benoit

Louisiana Court of Appeal

State v. Benoit

508 So. 2d 207

CourtLouisiana Court of Appeal

DecidedMay 22, 1987

DocketNo. K87-108

StatusPublished

Cited by1 cases

This text of 508 So. 2d 207 (State v. Benoit) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Benoit, 508 So. 2d 207 (La. Ct. App. 1987).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY: The defendant’s conviction and sentence are vacated and set aside. A defendant may not be deprived of his liberty as a result of any criminal prosecution in which he was denied the assistance of counsel, absent a knowing and intelligent waiver of counsel. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). In this case, defendant was entitled to be represented by counsel and as the record fails to reflect a knowing and intelligent waiver of counsel, the trial judge erred in proceeding to trial against the unrepresented defendant. Accordingly, the case is remanded to the district court for further proceedings in accordance with the law.

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

WRIT GRANTED AND MADE PEREMPTORY: The defendant’s conviction and sentence are vacated and set aside. A defendant may not be deprived of his liberty as a result of any criminal prosecution in which he was denied the assistance of counsel, absent a knowing and intelligent waiver of counsel. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). In this case, defendant was entitled to be represented by counsel and as the record fails to reflect a knowing and intelligent waiver of counsel, the trial judge erred in proceeding to trial against the unrepresented defendant. Accordingly, the case is remanded to the district court for further proceedings in accordance with the law.

Cite This Page — Counsel Stack

Bluebook (online)

508 So. 2d 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benoit-lactapp-1987.

Opinion

Related

Cite This Page — Counsel Stack