Supreme Court of Louisiana, 1978

State v. Melancon

State v. Melancon
Supreme Court of Louisiana · Decided September 1, 1978 · Sanders, Summers
361 So. 2d 1222; 1978 La. LEXIS 6384 (Southern Reporter, Second Series)

State v. Melancon

Dissenting Opinion

SUMMERS, J.

Although I agree this writ should be granted, I cannot agree to the ex parte order setting aside the guilty plea without a hearing in this court.

Opinion of the Court

In re: David James Melancon, applying for remedial writs. Parish of Lafayette.

Writ granted. The order of the district court denying the withdrawal of the plea of guilty is reversed, and the case is remanded.'

Dissenting Opinion

SANDERS, C. J.,

dissents, being of the opinion the trial judge did not abuse his discretion.

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