Supreme Court of Louisiana, 1974

State ex rel. Billiot v. Henderson

Supreme Court of Louisiana · Decided May 24, 1974 · Barham, Calogero, Dixon, Grant, Refusal, Writ

294 So. 2d 822; 1974 La. LEXIS 3661 (Southern Reporter, Second Series)

Opinion of the Court

In re: Paul Billiot applying for Writs of Mandamus and Habeas Corpus.

Writ denied. On the basis of evidence transcribed at the time the plea of guilty was taken on March 16, 1970, we find the plea of guilty knowingly waived constitutional rights and was free and voluntary.

Dissenting Opinion

BARHAM, J.,

dissents from the refusal of the writ. A plea of guilty must be *823made knowingly. A knowledgeable plea requires that defendant understand his constitutional rights and the effect of the plea upon these rights. No showing is made in the taking of the plea that defendant made a knowledgeable plea of guilty.

DIXON, J., dissents from refusal to grant. CALOGERO, J., dissents, would grant the writ.

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