State ex rel. Pierre v. Maggio, 333 So. 2d 924 (La. 1976). · Go Syfert
Search
State ex rel. Pierre v. Maggio, 333 So. 2d 924 (La. 1976). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
STATE of Louisiana, ex rel. Isaac PIERRE
v.
Ross MAGGIO, Warden, Louisiana State Penitentiary
No. 58139.
Supreme Court of Louisiana.
Jul 1, 1976.
333 So. 2d 924
1976 La. LEXIS 4219
From, Granting, Marcus, Sanders, Summers, Tate, Writ.
Published

Lead Opinion

In re Isaac Pierre applying for Writ of Habeas Corpus.

Writ granted. Evidentiary hearing ordered as to applicant’s knowing free and voluntary entry of guilty plea.

SANDERS, C. J., dissents from granting of writ.

Dissent

SUMMERS, J.,

dissents from the ordering of this hearing when the minutes of court amply evidenced that the plea was free and voluntary and that applicant was then aware of the consequence of the guilty plea. McChesney v. Henderson, 482 F.2d 1101 (5th Cir. 1973) cert. denied 414 U.S. 1146, 94 S.Ct. 901, 39 L.Ed.2d 102 (1974).

Concurrence

TATE, J.,

I am concurring in the belief that no contemporaneous recording was made of the colloquy and Boykinization at the time of the plea of guilty was taken as indicated by State ex rel. Jackson v. Henderson. If our records are in error in this regard, application for rehearing should be made by the State.

MARCUS, J., dissents from the granting of this writ.