State ex rel. Jackson v. Henderson

Supreme Court of Louisiana February 3, 1972

State ex rel. Jackson v. Henderson, 260 La. 589 (La. 1972)

256 So. 2d 637; 1972 La. LEXIS 5688

From, Granting, Hamlin, Reasons, Sanders, Summers, Writ

Opinion of the Court

In re: Joseph Jackson applying for writ of habeas corpus.

Writ granted. Evidentiary hearing ordered, limited to whether plea of guilty was taken as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

HAMLIN, J., concurs in the dissent of Summers, J. SUMMERS, J., dissents from the granting of this writ.

The minutes reflect that defendant was advised of his rights under Boykin and hence the plea was intelligent, and voluntary with understanding of its consequences.

SANDERS, J., dissents for reasons assigned by Summers, J.

Reference

Full Case Name: STATE of Louisiana ex rel. Joseph JACKSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status: Published