State ex rel. Mullen v. Henderson

Supreme Court of Louisiana August 31, 1973

State ex rel. Mullen v. Henderson, 281 So. 2d 751 (La. 1973)

1973 La. LEXIS 6255

Allegations, Application, Basis, Being, Entered, Face, From, Granted, Guilty, Inadequate, Involuntary, Marcus, Plea, Relief, Sanders, Should, Shown, Summers, That, Unin

Opinion of the Court

In re: Patrick Mullen applying for writs of habeas corpus, prohibition, mandamus and certiorari.

Writ granted. Evidentiary hearing ordered on issue of whether the pleas of guilty were not made with understanding of the nature and consequences. (The trial court correctly rejected the applicant’s other claim of prejudice with regard to lack of information as to composition of grand jury venire.)

SANDERS, C. J. and MARCUS, J., dissent from the order, being of the opinion that the petitions are inadequate on their face to show a basis for relief. SUMMERS, J., is of the opinion that the writ should not be granted. The plea of guilty is not shown by the allegations of the application to be involuntary or unin-telligently entered.

Reference

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