well-executed waiver in Louisiana

13 Louisiana opinions name it 2 courts 1982–2018 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.

Followed or applied (6)

Case	Followed	Cited
State v. Hebertgreen lactapp · 2002 · cited in 5 Louisiana opinions naming this issue, 2009–2018 2 sentences 2018App. 5 Cir. 12/30/02), 838 So.2d 30 , 31-34 (transcript of the plea colloquy and the well-executed waiver of rights form constituted sufficient affirmative showing on the record that the defendant knowingly waived his privilege against self-incrimination without specific advisal of right against self-incrimination from the trial judge), and State v. Cole , 04-615 (La. 2013This Court held similarly in State v. Hebert, 02-884 (La.App. 5 Cir. 12/30/02) , 838 So.2d 30, 31-34 (transcript of the plea colloquy and the well-executed waiver-of-rights form constituted \| (¡sufficient affirmative showing on the record that the defendant knowingly waived his privilege against self-incrimination without specific advisal of right against self-incrimination from trial judge) and State v. Cole, 04-615 (La.App. 5 Cir. 3/1/05) , 900 So.2d 15, 23-24 (explanation by defense counsel and a well-executed waiver-of-rights form were sufficient to support a knowing and voluntary guilty p	3	5
State v. Colegreen lactapp · 2005 · cited in 4 Louisiana opinions naming this issue, 2009–2018 2 sentences 2018App. 5 Cir. 3/1/05), 900 So.2d 15 , 23-24 (explanation by defense counsel and a well-executed waiver of rights form were sufficient to support a knowing and voluntary guilty plea even without specific advisal of the right against self-incrimination from the trial judge). 2013This Court held similarly in State v. Hebert, 02-884 (La.App. 5 Cir. 12/30/02) , 838 So.2d 30, 31-34 (transcript of the plea colloquy and the well-executed waiver-of-rights form constituted \| (¡sufficient affirmative showing on the record that the defendant knowingly waived his privilege against self-incrimination without specific advisal of right against self-incrimination from trial judge) and State v. Cole, 04-615 (La.App. 5 Cir. 3/1/05) , 900 So.2d 15, 23-24 (explanation by defense counsel and a well-executed waiver-of-rights form were sufficient to support a knowing and voluntary guilty p	3	4
State v. Nelsongreen lactapp · 2011 · cited in 3 Louisiana opinions naming this issue, 2012–2013 2 sentences 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). . 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
State v. Tuckergreen la · 1981 · cited in 3 Louisiana opinions naming this issue, 1993–2002 2 sentences 1999In State v. Tucker, 405 So.2d 506 (La. 1981), the court found that a minute entry concerning the abbreviated plea colloquy along with a well-executed waiver of rights form signed by the defendant, his attorney, and the trial judge constituted a sufficient affirmative showing in the record that the defendant knowingly and intelligently waived his Boykin rights. 1993While we noted in Tucker that the direct, three-right colloquy between the trial judge and the defendant is preferable and should be encouraged, we went on to hold that the minute entry of the abbreviated colloquy along with a well-executed waiver of rights form signed by defendant, his attorney and the trial judge "constitute a sufficient affirmative showing in the record that defendant knowingly and intelligently waived his constitutional privilege against self-incrimination, right to trial by jury, and right to confront his accusers." 405 So.2d at 509 .	1	3
State v. Pearsongreen lactapp · 2003 · cited in 1 Louisiana opinions naming this issue, 2011–2011 1 sentence 2011See State v. Pearson, supra, 03-652 at 5-7, 861 So.2d at 287-88 .	1	1
State v. Bakergreen lactapp · 1985 · cited in 1 Louisiana opinions naming this issue, 1990–1990 1 sentence 1990See State v. Baker, 471 So.2d 945, 948 (La.App. 2d Cir.1985).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
State v. Dunn green la · 1980 2 sentences 2013Dunn, supra. Next, defendant argues that his guilty plea is invalid because he was not advised of the sex offender registration requirements. 7 At the time of the instant Igoffense, 8 La. 2013Dunn, supra. Based on the foregoing, we find no error in the trial judge’s denial of defendant’s motion to withdraw his guilty plea.	2	2013–2013
State v. Deville green la · 2004 2 sentences 2010Deville, 879 So.2d at 691 4 ; State v. Theriot, 00-870 (La.App. 5 Cir. 1/80/01) , 782 So.2d 1078 . 5 In the present case, the transcript introduced by the defendant as an exhibit to his \|r,motion to quash showed that defendant pled guilty to two DWI charges on February 20, 1998. 2005State v. Carlos, supra. In State v. Deville, supra, the Louisiana Supreme Court held that the State is entitled to rely on a well-executed waiver form in discharging its initial burden of proving a prior valid conviction for DWI.	2	2005–2010
State v. Theriot green lactapp · 2001 1 sentence 2010Deville, 879 So.2d at 691 4 ; State v. Theriot, 00-870 (La.App. 5 Cir. 1/80/01) , 782 So.2d 1078 . 5 In the present case, the transcript introduced by the defendant as an exhibit to his \|r,motion to quash showed that defendant pled guilty to two DWI charges on February 20, 1998.	1	2010–2010
State v. Carlos green la · 1999 1 sentence 2005State v. Carlos, supra. In State v. Deville, supra, the Louisiana Supreme Court held that the State is entitled to rely on a well-executed waiver form in discharging its initial burden of proving a prior valid conviction for DWI.	1	2005–2005
Parke v. Raley green scotus · 1993 2 sentences 1993Subsequently, in Parke v. Raley, ___ U.S. ___, 113 S.Ct. 517 , 121 L.Ed.2d 391 (1992), the Supreme Court held the burden imposed on the state was actually lower than that which we imposed in Tucker . 1993Subsequently, in Parke v. Raley, ___ U.S. ___, 113 S.Ct. 517 , 121 L.Ed.2d 391 (1992), the Supreme Court held the burden imposed on the state was actually lower than that which we imposed in Tucker .	1	1993–1993
State Ex Rel. Jackson v. Henderson green la · 1971 2 sentences 1982Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (La.1971). 1982Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (La.1971).	1	1982–1982

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:529.1 (7) LA § La. Rev. Stat. § 40:967 (3)

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.

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