State ex rel. French v. Henderson
| Decision Date | 30 March 1970 |
| Docket Number | No. 50403,50403 |
| Citation | 232 So.2d 517,255 La. 792 |
| Parties | STATE of Louisiana ex rel. Jimmy C. FRENCH v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al. |
| Court | Louisiana Supreme Court |
In re: Jimmy C. French applying for writ of habeas corpus.
The application is denied. According to the record applicant is not entitled to the relief sought.
BARHAM, J., dissents from the refusal of the writ with written reasons.
The relator complains that on June 17, 1969, he entered a plea of guilty to a charge of simple burglary, and that there is no showing made on the face of the record that his guilty plea was voluntarily and intelligently made with knowledge of his constitutional rights, as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (effective June 2, 1969). Even prior to that decision it was a well established principle that waiver of constitutional rights cannot be presumed from a silent record. Carnley v. Cochran, 369 U.S. 506, 82 S.Ct. 884, 8 L.Ed.2d 70 (1962). In the instant case the minutes of June 17 are:
From the minute entry it is apparent, as relator contends, that there is no showing of an intelligent and voluntary plea of guilty as required by Boykin v. Alabama, supra. Although the minutes do not incorporate by reference any proceeding as part of the entry or record, the return to this court from the trial judge attaches what purports to be a transcription of the colloquy between the relator-defendant, his counsel, and the court on the day his plea of guilty was accepted. This attachment, even if assumed to be part of the record, does not show compliance with the requirements of Boykin v. Alabama, but simply gives information such as the trial judge would obtain through a pre-sentence investigation, which he apparently requested, as authorized by Louisiana Code of Criminal Procedure Article 875. The information contained in the attachment does not establish that the relator-defendant was fully aware before pleading, of the constitutional rights which are waived by a valid plea of guilty.
In Boykin v. Alabama it was stated:
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People v. Rizer
...were waived at the time the plea was entered. (E.g., State v. Abodeely (Iowa 1970) 179 N.W.2d 347, 352; State ex rel. French v. Henderson (1970) 255 La. 792, 232 So.2d 517, 518; Stocks v. Warden, Nevada State Prison (Nev.1970) 476 P.2d 469, 471; State v. Guy (1970) 81 N.M. 641, 471 P.2d 675......
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Raisley v. Sullivan
...(1970); Nachtigall v. Erickson, S.D., 178 N.W.2d 198 (1970); State v. Abodeely, Iowa, 179 N.W.2d 347 (1970); State ex rel. French v. Henderson, 255 La. 792, 232 So.2d 517 (1970). Other states have held that the issue to be determined in a post-conviction proceeding is whether the guilty ple......
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French v. Henderson, Civ. A. No. 15584.
...petitioner's application for habeas corpus with Justice Barham dissenting, relying on Boykin. State of Louisiana ex rel. Jimmy C. French v. Henderson, 255 La. 792, 232 So.2d 517 (March 30, 1970). 4 Boykin, supra, 395 U.S. at 244, 89 S.Ct. at 5 Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct.......