Supreme Court of Louisiana, 1992

State ex rel. Harris v. Whitley

State ex rel. Harris v. Whitley
Supreme Court of Louisiana · Decided May 8, 1992 · Calogero, Dennis
597 So. 2d 449; 1992 La. LEXIS 1708; 1992 WL 107853 (Southern Reporter, Second Series)

State ex rel. Harris v. Whitley

Opinion of the Court

In re: Harris, Clyde Jr.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge, 19th Judicial District Court Div. “H”, Number 3-81-262, 9-81-223, 11-81-137.

Prior report: La., 584 So.2d 677 (table).

Denied.

Concurring Opinion

CALOGERO, C.J.,

would grant relator an evidentiary hearing. State v. Warren, 402 So.2d 662 (La. 1981) commands that we do so!

Concurring Opinion

DENNIS, J.,

would grant the relator an evidentiary hearing for the state to establish that he knowingly and intelligently waived his right to a jury trial. It is undisputed that relator was not informed of his right to jury trial by the trial court before he entered his plea. I am disturbed and concerned that the majority of this Court seems to be ignoring and refusing to follow previous decisions of this Court without disclosing the new rule of law that is being applied.

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