State v. Joyner
| Decision Date | 07 November 1955 |
| Docket Number | No. 42445,42445 |
| Citation | 84 So.2d 462,228 La. 927 |
| Parties | STATE of Louisiana v. Henry C. JOYNER. |
| Court | Louisiana Supreme Court |
Richard S. McBride, Jr., New Orleans, for defendant-appellant.
Fred S. LeBlanc, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Leon D. Hubert, Jr., Dist. Atty., Phil Trice, Asst. Dist. Atty., New Orleans, for appellee.
The defendant, unattended by counsel, having pleaded guilty to the charge of theft of an automobile, and having withdrawn that plea with the court's permission prior to trial when additionally charged as a multiple offender, contends he was improperly convicted for the reason that the trial judge permitted, during his trial and over his objection, the introduction of evidence of the minutes of the court reflecting this plea and its withdrawal.
In his per curiam to the bill reserved when the minute entries were admitted (the only bill reserved), the trial judge states he considered the plea to be a judicial confession of guilt and that, as such, the jury was entitled to have it as evidence for whatever weight they might decide to give it. As authority he cites from other jurisdictions Johnson v. State, 196 Miss. 402, 17 So.2d 446; Roberts v. State, 145 Neb. 658, 17 N.W.2d 666; People v. Steinmetz, 240 N.Y. 411, 148 N.E. 597; State v. Carta, 90 Conn. 79, 96 A. 411, L.R.A. 1916E, 634; and Morrissey v. Powell, 304 Mass. 268, 23 N.E.2d 411, 124 A.L.R. 1522.
A review of these cases, as well as many others to be found on the subject, discloses they reflect the minority view. The majority of the jurisdictions support the view that evidence of a plea of guilty and its withdrawal is inadmissible. This view is predicated 'upon the broad principle that to permit such withdrawal to be accompanied with the privilege on the part of the prosecution of later establishing the same as an admission or confession of guilt would result in the destruction or serious impairment of whatever benefits accrued to the defendant from withdrawal of his plea of guilty, and upon the further ground that withdrawal of a plea of guilty is equivalent to an adjudication that such plea is annulled and of no force and effect, and hence ceases to be evidence.' 124 A.L.R. 1527. See, also, the authorities therein cited, and 2 Wharton on Criminal Evidence, Eleventh Edition, 976, Section 587.
We think the majority view is sound and more consonant with our concept of the constitutional rights of an accused. Where the plea of guilty is withdrawn, the defendant stands for trial upon a plea of not...
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State v. McElveen
...case law on point exists; however, they suggest that this court look to State v. Gaspard, 301 So.2d 344 (La.1974) and State v. Joyner, 228 La. 927, 84 So.2d 462 (1955) for guidance in its consideration of the effect of Ms. McElveen's statement. We find neither of those cases lends support f......
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DeChristoforo v. Donnelly
... ... Thereafter petitioner sought a writ of habeas corpus in the district court. The case is here, on the state court transcript, on an appeal from an order dismissing the petition ... We are concerned solely with what petitioner claims was ... 220, 47 S.Ct. 582, 71 L.Ed. 1009, and so do most states. E. g., Ely v. Haugh, Iowa, 1969, 172 N.W.2d 144; State v. Joyner, 1955, 228 La. 927, 84 So.2d 462; People v. Street, 1939, 288 Mich. 406, 284 N.W. 926; State v. Reardon, 1955, 245 Minn. 509, 73 N.W.2d 192; People ... ...
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State v. Boone
...Cal.2d 551, 39 Cal.Rptr. 393, 393 P.2d 705 (1964); People v. Haycraft, 76 Ill.App.2d 149, 221 N.E.2d 317 (App.Ct.1966); State v. Joyner, 228 La. 927, 84 So.2d 462 (1955); State v. Reardon, 245 Minn. 509, 73 N.W.2d 192 (1955); People v. Spitaleri, 9 N.Y.2d 168, 212 N.Y.S.2d 53, 173 N.E.2d 35......
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...326 (superceding annotation at 124 A.L.R. 1527). The numerical weight of authority supports the view set forth in State v. Joyner, 228 La. 927, 84 So.2d 462, 463: 'The majority of the jurisdictions support the view that evidence of a plea of guilty and its withdrawal is inadmissible. This v......