Supreme Court of Louisiana, 1981

State ex rel. Robertson v. Blackburn

State ex rel. Robertson v. Blackburn
Supreme Court of Louisiana · Decided February 13, 1981 · Dennis, Dixon
392 So. 2d 649; 1981 La. LEXIS 7096 (Southern Reporter, Second Series)

State ex rel. Robertson v. Blackburn

Opinion of the Court

In Re: Leon Robertson applying for Writs of Certiorari, Prohibition, Mandamus and Habeas Corpus, Parish of Bossier, No. 55,783.

Denied.

Concurring Opinion

DIXON, C. J.,

concurs in the denial. The specific intent necessary for 2nd degree murder may be the intent to do great bodily harm. Relator admitted hitting the victim with his rifle, which “went off”.

Dissenting Opinion

DENNIS, J.,

would grant an evidentiary hearing to determine whether the relator’s plea of guilty was voluntary as to the specific intent element of second degree murder. See, Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976).

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