State ex rel. Recasner v. Henderson

Supreme Court of Louisiana
State ex rel. Recasner v. Henderson, 273 So. 2d 294 (La. 1973)
1973 La. LEXIS 5635
Barham, Calogero, Dixon, From, Refusal, Tate

State ex rel. Recasner v. Henderson

Opinion of the Court

In re: Frank Recasner applying for writs of habeas corpus, certiorari, prohibition and mandamus.

Writ denied. The showing made does not warrant the exercise of this Court’s supervisory jurisdiction. The record of the trial court shows the plea of guilty was free and voluntary.

BARHAM, J.,

is of the opinion this writ must be granted since the relator did not have his constitutional rights explained to him before the plea was received. The plea was taken after Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 and the complete transcript of the plea colloquy negates compliance with Boykin.

Concurring Opinion

TATE, J.,

concurs in the denial on the basis of State ex rel. LeBlanc v. Henderson, 261 La. 315, 259 So.2d 557 (1972).

DIXON and CALOGERO, JJ., dissent from the refusal.

Reference

Full Case Name
STATE of Louisiana ex rel. Frank RECASNER v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published