State v. Ellis

458 So. 2d 913, 1984 La. LEXIS 10095
CourtSupreme Court of Louisiana
DecidedNovember 2, 1984
DocketNO. 84-KK-1795
StatusPublished
Cited by1 cases

This text of 458 So. 2d 913 (State v. Ellis) 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 v. Ellis, 458 So. 2d 913, 1984 La. LEXIS 10095 (La. 1984).

Opinion

ORDER

Writ Granted. Defendant’s guilty plea to DWI was uncounseled, with no valid waiver of counsel evidenced, and thus the conviction that resulted therefrom was not admissible at his probation revocation hearing. State v. Varnado, 384 So.2d 440 (La. 1980). The trial judge relied on this inadmissible evidence in rendering the judgment revoking defendant’s probation. (See the Per Curiam responses of the trial judge to defendant’s assignments of error.) Accordingly, the judgment revoking defendant’s probation is reversed and set aside and defendant is ordered released.

DENNIS and LEMMON, JJ., dissent.

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Related

State v. Spencer
564 So. 2d 795 (Louisiana Court of Appeal, 1990)

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Bluebook (online)
458 So. 2d 913, 1984 La. LEXIS 10095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ellis-la-1984.