Supreme Court of Louisiana, 1974

State ex rel. Rouyea v. Henderson

State ex rel. Rouyea v. Henderson
Supreme Court of Louisiana · Decided November 8, 1974 · Summers
302 So. 2d 304; 1974 La. LEXIS 4190 (Southern Reporter, Second Series)

State ex rel. Rouyea v. Henderson

Concurring Opinion

SUMMERS, J.,

is of the opinion that the minutes of this case evidence the fact that applicant was aware of the consequences of his plea, and, although an inference that the plea was free and voluntary arises from the presence of defense counsel at the plea, the record must affirmatively record that the plea was free and voluntary or that fact must be shown by other evidence. See McChesney v. Henderson, 5 Cir., 482 F.2d 1101.

Opinion of the Court

In re: J. P. Rouyea applying for Writ of Habeas Corpus.

Writ granted. Evidentiary hearing ordered, unless within fifteen days of date this court is furnished record evidence other than the minutes, (such as the transcribed colloquy at the time of the plea) of the free and voluntary character of the plea.

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