Supreme Court of Louisiana, 1981

State ex rel. Robertson v. Blackburn

State ex rel. Robertson v. Blackburn
Supreme Court of Louisiana · Decided December 14, 1981 · Calogero, Dennis, Dixon, Grant
409 So. 2d 649; 1981 La. LEXIS 11018 (Southern Reporter, Second Series)

State ex rel. Robertson v. Blackburn

Opinion of the Court

In re John Robertson, applying for remedial writs. Parish of Orleans. No. 253-611.

Writ denied.

DIXON, C. J., and CALOGERO, J., would grant.

Dissenting Opinion

DENNIS, J.,

would grant the writ. Since this relator has complied with what this Court said he must do to attack an improperly Boykinized out of state guilty plea, see State v. Holden, 375 So.2d 1372 (La. 1979); State v. Bolton, 379 So.2d 722 (La. 1979), it appears that a majority of this Court considers these holdings as either overruled or modified sub silentio, which regrettably will add to the already excessive confusion of our law in this area.

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