Supreme Court of Louisiana, 1987

State v. Fayard

State v. Fayard
Supreme Court of Louisiana · Decided March 20, 1987 · Calogero, Lemmon
503 So. 2d 1004; 1987 La. LEXIS 8808 (Southern Reporter, Second Series)

State v. Fayard

Opinion of the Court

In re Fayard, Thomas; Applying for Writs of Certiorari, Review, Mandamus and Prohibition, to the Court of Appeal, Fourth Circuit, Number K-7031; Parish of Orleans Criminal District Court Div. ā€œIā€ Number 243-941.

Granted and remanded to the district court to conduct an evidentiary hearing on *1005the question of whether the 1975 guilty plea was voluntarily and intelligently entered by the relator. State v. Warren, 402 So.2d 662 (La. 1981); State v. Cusher, 400 So.2d 601 (La. 1981).

Concurring Opinion

CALOGERO, J.,

additionally concurs,

and LEMMON, J., concurs.

Relator is entitled to this action because he is, or may be suffering collateral consequences from the 1975 conviction. State ex rel Becnel v. Blackburn, 410 So.2d 1015 (La. 1982). On the other hand even should relator be successful with his collateral attack on the 1975 conviction it will likely be of no help to him in attacking his more recent firearm conviction. See Lewis v. United States, 445 U.S. 55, 100 S.Ct. 915, 63 L.Ed.2d 198 (1980) and State v. Williams, 392 So.2d 448 (La. 1981).

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