Supreme Court of Louisiana, 1974

State v. Henderson

State v. Henderson
Supreme Court of Louisiana · Decided March 22, 1974 · Barham, Dixon, Granted, Should, That
291 So. 2d 398; 1974 La. LEXIS 3249 (Southern Reporter, Second Series)

State v. Henderson

Opinion of the Court

In re: William E. Hutson, Jr., applying for Writ of Certiorari, Mandamus and Prohibition.

Writ refused. The application has no merit.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. A fourth D.W.I. offense is attempted to be based upon prior convictions and sentences to imprisonment where defendant was not represented by counsel. The prior offenses are not admissible under Argersinger v. Hamlin, 407 U. S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530.

DIXON, J., is of the opinion that the writ should be granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.