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5 Louisiana opinions name it 2 courts 2009–2014 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Nelsongreen2 sentences2013See also, State v. Nelson, 10-760 (La.App. 5 Cir. 3/29/11) , 63 So.3d 280, 283-284 (even though the well-executed waiver of constitutional rights form did not contain the defendant’s initials, the plea colloquy and waiver form constituted a sufficient affirmative showing on the record that the defendant was advised of her rights, that she understood them, and that she made a knowing and intelligent waiver of them). . 2013See also, State v. Nelson, 10-760 (La.App. 5 Cir. 3/29/11) , 63 So.3d 280, 283-284 (even though the well-executed waiver of constitutional rights form did not contain the defendant’s initials, the plea colloquy and waiver form constituted a sufficient affirmative showing on the record that the defendant was advised of her rights, that she understood them, and that she made a knowing and intelligent waiver of them). . | 3 | 3 |
Strickland v. Washingtongreen2 sentences2014In detail on this issue, Judge Dennis explained: The Supreme Court has long contrasted the unique and critical obligations of defense counsel during the plea bargaining process with the far more limited role of the trial court to ensure a minimally valid guilty plea. “[CJounsel’s function as assistant to the defendant [gives rise to] the overarching duty to advocate the defendant’s cause and the more particular duties to consult with the defendant on important decisions” after “makfing] reasonable investigations.” Strickland, 466 U.S. at 688, 691 , 104 S.Ct. 2052 . 2014In detail on this issue, Judge Dennis explained: The Supreme Court has long contrasted the unique and critical obligations of defense counsel during the plea bargaining process with the far more limited role of the trial court to ensure a minimally valid guilty plea. “[CJounsel’s function as assistant to the defendant [gives rise to] the overarching duty to advocate the defendant’s cause and the more particular duties to consult with the defendant on important decisions” after “makfing] reasonable investigations.” Strickland, 466 U.S. at 688, 691 , 104 S.Ct. 2052 . | 1 | 1 |
State v. McGinnisgreen1 sentence2009Thus, in State v. McGinnis, 413 So.2d 1307, 1311 (La.1981)(on reh’g), this Court invalidated guilty pleas in the state of Washington to grand larceny because neither the plea colloquy nor the waiver form referred to the defendant’s privilege against self-incrimination. | 1 | 1 |
State v. Cressygreen1 sentence2009Similarly, in State v. Cressy, 440 So.2d 141, 143-44 (La.1983), the Court invalidated a federal guilty plea to distribution of heroin in 1972 because the district judge failed to inform defendant of his | lsprivilege against self-incrimination, although he did so in a jurisdiction that did not require the advice under Fed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boykin v. Alabama
green
2 sentences2009Thus, as the Fifth Circuit panel emphasized in its decision, the available contemporaneous records from Tennessee failed to establish that defendant received advice with respect to his privilege against selfin-crimination at trial, advice required not only by Louisiana but also by Tennessee law. 1 Only four months after this Court adopted its three-right rule following the decision in Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)(waiver of the right to trial encompasses waiver of the privilege against self-incrimination, the right to trial by jury, and the right to co 2009Thus, as the Fifth Circuit panel emphasized in its decision, the available contemporaneous records from Tennessee failed to establish that defendant received advice with respect to his privilege against selfin-crimination at trial, advice required not only by Louisiana but also by Tennessee law. 1 Only four months after this Court adopted its three-right rule following the decision in Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)(waiver of the right to trial encompasses waiver of the privilege against self-incrimination, the right to trial by jury, and the right to co | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.