Supreme Court of Louisiana, 1975

State ex rel. Primas v. Henderson

State ex rel. Primas v. Henderson
Supreme Court of Louisiana · Decided April 25, 1975 · From, Insufficient, Made, Sanders, Summers, Writ
311 So. 2d 260; 1975 La. LEXIS 5053 (Southern Reporter, Second Series)

State ex rel. Primas v. Henderson

Opinion of the Court

In re: Elvin Leroy Primas applying for supervisory writ of certiorari.

Alternative Writ Granted — The State is ordered to set aside guilty pleas and rear-raign relator under showing that relator was denied choice of counsel and was represented by counsel under a capital charge who was not qualified to serve in capital cases, or to show cause to the contrary on or before May 23, 1975.

SANDERS, C. J., dissents from this writ. The showing made is insufficient.

Dissenting Opinion

SUMMERS, J.,

dissents. The trial judge found the evidence which this Court relies upon “totally unbelievable” insofar as applicant is concerned. There is no requirement in the law which violates a guilty plea which is promptly entered; nor does the law require that counsel have more than five years experience to represent an accused at a plea of guilty in a non-capital case.

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