State ex rel. Bryant v. Henderson

Supreme Court of Louisiana
State ex rel. Bryant v. Henderson, 273 So. 2d 296 (La. 1973)
1973 La. LEXIS 5656
Barham, Calogero, Dixon, From, Refusal, Tate

State ex rel. Bryant v. Henderson

Opinion of the Court

In re: Willie Bryant applying for writs of certiorari and habeas corpus.

Writs refused. On the basis of the evi-dentiary hearing and the trial judge’s reasons, the showing made does not warrant the exercise of our supervisory or original jurisdiction.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. Even after an evidentiary hearing it is clear that relator was not informed of his constitutional rights which were waived by his guilty plea. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

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. Willie BRYANT v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published