Supreme Court of Louisiana, 1974

State ex rel. Small v. Henderson

Supreme Court of Louisiana · Decided December 13, 1974 · No. 55577 · From, Granting, Hearing, Reasons, Sanders, Summers

305 So. 2d 481; 1974 La. LEXIS 4411 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Carter v. New Orleans Public Service, Inc. (La. 1974)

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Dissenting Opinion

SUMMERS, Justice

(dissenting from the granting of an evidentiary hearing).

In my view the Court is not warranted in accepting petitioners’ uncorroborated allegations against the solemn, written waiver of constitutional rights and plea of guilty which appear in this record. The waiver was witnessed by the trial judge and defense counsel, and to now accept applicant’s allegations that the waiver and plea were involuntary and induced by abuse and threats is unrealistic.

I respectfully dissent.

Opinion of the Court

In re Coleman Small applying for Writs of Habeas Corpus, Certiorari, Prohibition and Mandamus.

Granted. Evidentiary hearing ordered. Counsel to be appointed, if indigent.

SANDERS, C. J., dissents. SUMMERS, J., dissents from the granting of this evidentiary hearing and assigns reasons.

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