Supreme Court of Louisiana, 1974

State ex rel. Richardson v. Henderson

State ex rel. Richardson v. Henderson
Supreme Court of Louisiana · Decided May 24, 1974 · Barham, Dixon
294 So. 2d 823; 1974 La. LEXIS 3676 (Southern Reporter, Second Series)

State ex rel. Richardson v. Henderson

Opinion of the Court

In re: Samuel W. Richardson applying for writ of habeas corpus.

Writ refused. Considering the colloquy at the time of the plea bargain agreement, and surrounding circumstances, the judgment of the trial court is correct.

Dissenting Opinion

BARHAM, J.,

is of the opinion an evi-dentiary hearing is required. There is no showing of compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. See dissent in State ex rel. Billiot v. Henderson, No. 54,644 our docket this date, 294 So.2d 822.

Concurring Opinion

DIXON, J.,

concurs in the denial. The Boykin examination was deficient, but the plea was the result of a plea bargain, the implication of which indicates an intelligent and informed plea.

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