Supreme Court of Louisiana, 1973

State ex rel. Santiago v. Henderson

State ex rel. Santiago v. Henderson
Supreme Court of Louisiana · Decided December 14, 1973 · Barham, Calogero, Dixon
286 So. 2d 361; 1973 La. LEXIS 6398 (Southern Reporter, Second Series)

State ex rel. Santiago v. Henderson

Opinion of the Court

In re: Rodney G. Santiago applying for writs of certiorari, mandamus and habeas corpus.

Writ refused. The showing made is insufficient to warrant the exercise of our jurisdiction especially since it appears that the plea was entered as a result of a plea bargain, which was complied with.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ must be granted. Minutes fail to reflect a knowing and voluntary plea. At the evi-dentiary hearing defendant testified no one including his lawyer informed him of his constitutional rights waived by a plea. Only his court appointed lawyer testified. Neither the judge nor the assistant district attorney testified. The lawyer had no independent knowledge of the plea. His testimony of “usual” procedures is deficient.

Concurring Opinion

DIXON and CALOGERO, JJ.,

concur in the denial, being of the opinion that Boykin was not complied with, but that there was a plea bargain.

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