Supreme Court of Louisiana, 1975

State ex rel. Miles v. Henderson

Supreme Court of Louisiana · Decided September 25, 1975 · Allegation, Allegations, Applicant, Been, Calogero, Determination, Dixon, Entitled, From, Hearing, Petitioner, Refusal, Tate

319 So. 2d 441; 1975 La. LEXIS 3920 (Southern Reporter, Second Series)

Opinion of the Court

In re: Philip A. Miles applying for Writ of Habeas Corpus.

Writ refused. The showing made is insufficient to warrant the exercise of our jurisdiction.

Concurring Opinion

TATE, J.,

The petitioner alleges his plea of guilty was coerced and without compliance with Boykin. In the absence of a transcribed colloquy contemporaneous with the plea of guilty, he is entitled to an evi-dentiary hearing. State ex rel. Jackson v. Henderson, 260 La. 90, 255 So.2d 85, (1971). I concur in the denial on the narrow ground that he does not attack as erroneous the minute entry specifically showing Boykin compliance.

DIXON, J., dissents from the refusal; there has been no judicial determination of the allegation. Even under state law applicant is entitled to a hearing. C.Cr.P. 354. CALOGERO, J., dissents. Petitioner is clearly entitled to an evidentiary hearing on his allegations.

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