Supreme Court of Louisiana, 1974

State ex rel. Broussard v. Henderson

State ex rel. Broussard v. Henderson
Supreme Court of Louisiana · Decided June 21, 1974 · Are, Barham, Calogero, Dixon, Hearing, Required, Summers
295 So. 2d 816; 1974 La. LEXIS 3555 (Southern Reporter, Second Series)

State ex rel. Broussard v. Henderson

Opinion of the Court

In re: John David Broussard applying for Writ of Habeas Corpus, alternatively Certiorari, Prohibition and Injunctive relief.

Writ denied. Based on minute entry at plea the plea appears free and voluntary.

Dissenting Opinion

SUMMERS, J.,

is fully in accord with the denial of this writ. The so-called requirement of “Boykinizing” has been soundly repudiated. See McChesney v. Henderson, Warden, 482 F.2d 1101 (Sth Cir. 1973).

Dissenting Opinion

BARHAM, J.,

is of the opinion an evi-dentiary hearing is required. The minute entry merely shows the judge’s conclusion that defendant knew the consequence of his plea. Defendant was not Boykinized under this entry. A knowing and voluntary plea is not evidenced by minutes.

DIXON, and CALOGERO, JJ., are of the opinion an evidentiary hearing is required.

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