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14 Louisiana opinions name it 2 courts 1981–2015 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 Ex Rel. Jackson v. Hendersongreen2 sentences2008Jackson v. Henderson, 260 La. 90, 103 , 255 So.2d 85, 90 (La. 1971), the supreme court, in expounding Boykin , held that "in taking a plea of guilty, an express and knowing waiver of at least these three federal constitutional rights [the privilege against compulsory self-incrimination; the right to trial and jury trial where applicable; the right to confront one's accuser] must be made, which waiver cannot be presumed." In Jones , the supreme court held that the three-right articulation rule of Boykin and Jackson, both of which involved guilty pleas to felony offenses, is applicable to a misd 2008Jackson v. Henderson, 260 La. 90, 103 , 255 So.2d 85, 90 (La. 1971), the supreme court, in expounding Boykin , held that "in taking a plea of guilty, an express and knowing waiver of at least these three federal constitutional rights [the privilege against compulsory self-incrimination; the right to trial and jury trial where applicable; the right to confront one's accuser] must be made, which waiver cannot be presumed." In Jones , the supreme court held that the three-right articulation rule of Boykin and Jackson, both of which involved guilty pleas to felony offenses, is applicable to a misd | 1 | 6 |
State v. Jonesgreen2 sentences1999Additionally, in State v. Jones, 404 So.2d 1192 (La.1981), we extended the three-right articulation rule of State ex rel Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (1971) (interpreting Boykin ), to the taking of misdemeanor guilty pleas in Louisiana. 1987The Louisiana Supreme Court held in State v. Jones, 404 So.2d 1192 (La.1981), that the three right articulation rule of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969) is applicable to a misdemeanor plea used as a basis for actual imprisonment, enhancement of actual imprisonment, or conversion of a subsequent misdemeanor into a felony. | 1 | 4 |
State v. Smithgreen1 sentence2015Henry, 788 So.2d at 541 ; State v. Smith, 1997-2849 (La.App. 1st Cir.11/6/98), 722 So.2d 1048, 1049 (explanation of the right to judicial review of a conviction is not part of the three-right articulation rule of Boykin). | 1 | 1 |
State v. Hallgreen1 sentence1998See State v. Hall, 537 So.2d 321, 324 (La.App. 1 Cir.1988) (citing State v. Tuesno, 455 So.2d 1292, 1293-95 (La.App. 4 Cir.1984)). | 1 | 1 |
State v. Tuesnogreen1 sentence1998See State v. Hall, 537 So.2d 321, 324 (La.App. 1 Cir.1988) (citing State v. Tuesno, 455 So.2d 1292, 1293-95 (La.App. 4 Cir.1984)). | 1 | 1 |
State v. Bowickgreen1 sentence1993State v. Bowick, 403 So.2d 673, 675 (La.1981). | 1 | 1 |
Blackledge v. Allisongreen2 sentences1981However, as the United States Supreme Court stated in Blackledge v. Allison, 431 U.S. 63, 73-74 , 97 S.Ct. 1621, 1629 , 52 L.Ed.2d 136, 147 (1977): "[T]he representations of the defendant, his lawyer, and the prosecutor at such a hearing, as well as any findings made by the judge accepting the plea, constitute a formidable barrier in any subsequent collateral proceedings. 1981However, as the United States Supreme Court stated in Blackledge v. Allison, 431 U.S. 63, 73-74 , 97 S.Ct. 1621, 1629 , 52 L.Ed.2d 136, 147 (1977): "[T]he representations of the defendant, his lawyer, and the prosecutor at such a hearing, as well as any findings made by the judge accepting the plea, constitute a formidable barrier in any subsequent collateral proceedings. | 1 | 1 |
State v. Williamsgreen1 sentence1981Compare State v. Williams, 327 So.2d 379 (La.1979); State v. Knighten, 320 So.2d 184 (La.1975). [3] The written form may be helpful in assuring compliance with this court's three-right articulation rule announced in State ex rel Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Beatty
green
2 sentences1981Boykin v. Alabama, supra, footnote 7; the quality of defendant's representation by his counsel where the defendant was represented by counsel, State v. Beatty, 391 So.2d 828 (La. 1980); and whether defendant's rights were explained to him by an attorney or whether defendant knowingly signed a waiver of rights form. 1981Boykin v. Alabama, supra, footnote 7; the quality of defendant's representation by his counsel where the defendant was represented by counsel, State v. Beatty, 391 So.2d 828 (La. 1980); and whether defendant's rights were explained to him by an attorney or whether defendant knowingly signed a waiver of rights form. | 3 | 1981–1981 |
State v. Henry
neutral
1 sentence2015Henry, 788 So.2d at 541 ; State v. Smith, 1997-2849 (La.App. 1st Cir.11/6/98), 722 So.2d 1048, 1049 (explanation of the right to judicial review of a conviction is not part of the three-right articulation rule of Boykin). | 1 | 2015–2015 |
Boykin v. Alabama
green
2 sentences1987The Louisiana Supreme Court held in State v. Jones, 404 So.2d 1192 (La.1981), that the three right articulation rule of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969) is applicable to a misdemeanor plea used as a basis for actual imprisonment, enhancement of actual imprisonment, or conversion of a subsequent misdemeanor into a felony. 1987The Louisiana Supreme Court held in State v. Jones, 404 So.2d 1192 (La.1981), that the three right articulation rule of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969) is applicable to a misdemeanor plea used as a basis for actual imprisonment, enhancement of actual imprisonment, or conversion of a subsequent misdemeanor into a felony. | 1 | 1987–1987 |
Michigan v. Tucker
green
2 sentences1982By the simple expedient of following rather clearly outlined prophylactic procedures, trial judges can accommodate both interests. [11] As Justice Rehnquist said (in an unrelated context) in Michigan v. Tucker, 417 U.S. 433 , 94 S.Ct. 2357 , 41 L.Ed.2d 182 (1974), "[A]t this point in our history virtually every schoolboy is familiar with the concept, if not the language, of the provision that reads: `No person ... shall be compelled in a criminal case to be a witness against himself ....'" 417 U.S. at 439 , 94 S.Ct. at 2361 . [12] See State v. Cusher , above, in which this court upheld a guilt 1982By the simple expedient of following rather clearly outlined prophylactic procedures, trial judges can accommodate both interests. [11] As Justice Rehnquist said (in an unrelated context) in Michigan v. Tucker, 417 U.S. 433 , 94 S.Ct. 2357 , 41 L.Ed.2d 182 (1974), "[A]t this point in our history virtually every schoolboy is familiar with the concept, if not the language, of the provision that reads: `No person ... shall be compelled in a criminal case to be a witness against himself ....'" 417 U.S. at 439 , 94 S.Ct. at 2361 . [12] See State v. Cusher , above, in which this court upheld a guilt | 1 | 1982–1982 |
State v. Knighten
neutral
1 sentence1981Compare State v. Williams, 327 So.2d 379 (La.1979); State v. Knighten, 320 So.2d 184 (La.1975). [3] The written form may be helpful in assuring compliance with this court's three-right articulation rule announced in State ex rel Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (1971). | 1 | 1981–1981 |
Duncan v. Louisiana
green
2 sentences1981Duncan v. Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1968). 1981Duncan v. Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1968). | 1 | 1981–1981 |
State v. Dunn
green
1 sentence1981State v. Dunn, 390 So.2d 525 (La. 1980). [*] Of course, if the defendant proves that his guilty plea though taken in compliance with the three right articulation rule was unknowingly or involuntarily entered, he is entitled to relief. | 1 | 1981–1981 |
Scott v. Illinois
green
2 sentences1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). 1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 1 | 1981–1981 |
Argersinger v. Hamlin
green
2 sentences1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). 1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 1 | 1981–1981 |
Baldasar v. Illinois
red
1 sentence1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 1 | 1981–1981 |
Theriault v. Silber
green
1 sentence1981Some members of the court draw the line at these points by analogy to the holdings in Baldasar v. Illinois, 446 U.S. 222 , 101 S.Ct. 1585 , 65 L.Ed.2d 1125 (1980); Scott v. Illinois, 440 U.S. 367 , 99 S.Ct. 1158 , 59 L.Ed.2d 383 (1979); and Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 1 | 1981–1981 |
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.