Supreme Court of Louisiana, 1972

State ex rel. Terrell v. Henderson

State ex rel. Terrell v. Henderson
Supreme Court of Louisiana · Decided March 8, 1972 · Barham, Granted, Should, Summers
260 La. 1130; 258 So. 2d 379; 1972 La. LEXIS 4949

State ex rel. Terrell v. Henderson

Opinion of the Court

In re: Arthur Lee Terrell, Jr. applying for writs of certiorari, prohibition, mandamus and habeas corpus.

Writ denied. On the basis of the contemporaneous record made, we find that the plea of guilty of October 9, 1970 was made voluntarily and intelligently. See State ex rel. LeBlanc v. Henderson, 261 La.-, 259 So.2d 557 (1972).

SUMMERS, J.,

is of the opinion the writ should be denied. I do not base this view upon State ex rel. LeBlanc v. Henderson, 261 La.-, 259 So.2d 557. In my view the plea was intelligent, voluntary and with regard to the consequences of the plea and that alone is sufficient in law to constitute a valid plea. See my concurrence in State v. Johnson, 260 La. 902, 257 So.2d 654 (1972).

BARHAM, J., is of the opinion the writ should be granted.

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