State v. Henderson

Supreme Court of Louisiana March 22, 1974

State v. Henderson, 291 So. 2d 398 (La. 1974)

1974 La. LEXIS 3249

Barham, Dixon, Granted, Should, That

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.

Reference

Full Case Name: STATE of Louisiana ex rel. William E. HUTSON, Jr. v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Cited By: 2 cases
Status: Published