72 Louisiana opinions name it 2 courts 1979–2025 2 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 sentences2009Jackson v. Henderson, 260 La. 90, 103 , 255 So.2d 85, 90 (1971) the Supreme Court, in expounding on Boykin, held that "in taking a plea of guilty, an express and knowing waiver of at least these three federal constitutional rights must be made, which waiver cannot be presumed.'" (Emphasis added) Louisiana Code of Criminal Procedure Article 556.1(D) provides, in pertinent part: "In a felony case a verbatim record shall be made of the proceedings at which the defendant enters a plea of guilty or nolo contendere." [1] A valid guilty plea must be a free and voluntary choice by the defendant. 2009Jackson v. Henderson, 260 La. 90, 103 , 255 So.2d 85, 90 (1971) the Supreme Court, in expounding on Boykin, held that "in taking a plea of guilty, an express and knowing waiver of at least these three federal constitutional rights must be made, which waiver cannot be presumed.'" (Emphasis added) Louisiana Code of Criminal Procedure Article 556.1(D) provides, in pertinent part: "In a felony case a verbatim record shall be made of the proceedings at which the defendant enters a plea of guilty or nolo contendere." [1] A valid guilty plea must be a free and voluntary choice by the defendant. | 3 | 21 |
State v. Nucciogreen2 sentences2014Id. 1989There also must be an express and knowing waiver of those rights, and the waiver must be on the record, which must unequivocally show that the waiver was free and voluntary, (citations omitted) State v. Nuccio, 454 So.2d 93, 104 (La. 1984). | 2 | 7 |
State ex rel. C.H.green2 sentences2015State in Interest of C.H., 595 So.2d 713, 714 (La.App. 5 Cir.1992). 2012State in Interest of C.H., 595 So.2d 713, 714 (La.App. 5 Cir.1992). | 2 | 2 |
State v. Hebertgreen2 sentences2013This 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-iricrimination 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 plea 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 | 2 | 2 |
State v. Colegreen2 sentences2013This 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-iricrimination 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 plea 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 | 2 | 2 |
State v. Tuckergreen2 sentences1988The Supreme Court held that the facts supported a “sufficient affirmative showing in the record of an express and knowing waiver of defendant’s privilege against self-incrimination.” State v. Tucker, 405 So.2d 506, 509 (La.1981), citing State v. Dunn. 1982In State v. Tucker, 405 So.2d 506 (La.1981), this court held that a minute entry concerning an abbreviated colloquy along with a "well executed `waiver of rights' form signed by defendant, his attorney and the judge" constituted a sufficient affirmative showing in the record that defendant knowingly and intelligently waived his constitutional right to trial by jury, right to confront his accusers and privilege against compulsory self incrimination. | 1 | 2 |
| 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 sentences2017Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), held that before a defendant enters a plea of guilty to a felony charge, the trial judge must question him and confirm for the record that he has made an express and knowing waiver of (1) his right to a jury trial, (2) his privilege against self-incrimination and (3) his right to confront the witnesses against him. . 2017Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), held that before a defendant enters a plea of guilty to a felony charge, the trial judge must question him and confirm for the record that he has made an express and knowing waiver of (1) his right to a jury trial, (2) his privilege against self-incrimination and (3) his right to confront the witnesses against him. . | 20 | 1980–2025 |
State v. Morrison
green
2 sentences2010State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). 2006Indeed, an express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. *516 Boykin, supra; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). | 15 | 1999–2010 |
State v. Dunn
green
2 sentences2018The Dunn court considered the waiver of rights form that was initialed and signed by the defendant a "sufficient affirmative showing in the record of an express and knowing waiver of defendant's privilege against self-incrimination." Id. 2013Finally, the Dunn court considered the waiver-of-rights form that was initialed and signed by the defendant a “sufficient affirmative showing in the record of an express and knowing waiver of defendant’s privilege against self-incrimination.” Dunn, 390 So.2d at 527 . | 6 | 1981–2018 |
State v. Jones
green
2 sentences2008Jones, 404 So.2d at 1195 . 1988State v. Jones, 404 So.2d 1192 (La.1981). | 3 | 1982–2008 |
State v. Cooper
green
2 sentences2019App. 2 Cir. 11/08/18), 261 So.3d 975 ; State v. Martin, supra. An express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. 2019App. 2 Cir. 11/08/18), 261 So.3d 975 ; State v. Martin, supra. An express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. | 2 | 2019–2019 |
State v. Minniefield
green
2 sentences2011State v. Minniefield, 43,300, p. 3 (La.App. 2 Cir. 6/4/08), 986 So.2d 227, 230 . 2009State v. Minniefield, 43,300, p. 3 (La.App. 2 Cir. 6/4/08), 986 So.2d 227, 230 . | 2 | 2009–2011 |
State v. Keener
green
2 sentences2008Boykin, supra; State v. Keener, 41,246 (La.App. 2d Cir.8/23/06), 939 So.2d 510 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). 2007Boykin, supra; State v. Keener, 41,246 (La.App. 2d Cir.8/23/06), 939 So.2d 510 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). *313 In addition, LSA-C.Cr.P. art. 556.1 provides that prior to accepting a guilty plea, the court must personally inform defendant of the nature of the charge to which the plea is offered, any mandatory minimum penalty and the maximum possible penalty. | 2 | 2007–2008 |
State v. Santiago
green
2 sentences1999Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Santiago, 416 So.2d 524 (La.1982); State v. Nabors, 569 So.2d 255 (La.App. 2nd Cir.1990). 1990Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Santiago, 416 So.2d 524 (La.1982). | 2 | 1990–1999 |
State v. Nabors
neutral
2 sentences1999Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Santiago, 416 So.2d 524 (La.1982); State v. Nabors, 569 So.2d 255 (La.App. 2nd Cir.1990). 1999Id.; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992); State v. Age, 417 So.2d 1183 (La.1981); State v. Nabors, 569 So.2d 255 (La.App. 2d Cir.1990). | 2 | 1999–1999 |
State v. Age
green
2 sentences1999Id.; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992); State v. Age, 417 So.2d 1183 (La.1981); State v. Nabors, 569 So.2d 255 (La.App. 2d Cir.1990). 1986Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Age, 417 So.2d 1183 (La.1982); State v. Robicheaux, 412 So.2d 1313 (La.1982). | 2 | 1986–1999 |
State v. Halsell
green
2 sentences1987State v. Halsell, 403 So.2d 688 (La.1981). 1981(Emphasis Added) This line of reasoning has been extended recently in State v. Halsell, 403 So.2d 688 (La.1981), wherein Chief Justice Dixon speaking for the court stated: "As interpreted by this court, the Boykin decision requires `an express and knowing waiver of at least these three federal constitutional rights.' State ex rel. | 2 | 1981–1987 |
State v. Nelson
green
1 sentence2012Id. | 1 | 2012–2012 |
State v. Jones
green
1 sentence2011State v. Jones, 08-1158, p. 3 (La.App. 5 Cir. 2/25/09), 9 So.3d 893, 894 . | 1 | 2011–2011 |
State v. Hicks
neutral
1 sentence2008State v. Kennedy, supra ; State v. Hicks, 42,427 (La.App. 2d Cir.10/24/07), 968 So.2d 307 . | 1 | 2008–2008 |
State v. Washington
green
1 sentence1997In State v. Washington, 406 So.2d 191 (La.1981), the court noted that the United States Supreme Court in Boykin advised, although not expressly required, that the trial court conduct an on-the-record examination of the defendant which should include an attempt to satisfy itself that the defendant understands, among other things, the nature of the charge against him and the permissible range of sentences for the charge. | 1 | 1997–1997 |
State v. Carlos
green
1 sentence1997App. 4th Cir.), writ denied, 623 So.2d 1305 (La. 1993), cases in which guilty plea-rights waiver forms were considered on appellate review in determining whether or not a challenged predicate conviction was tendered with an express and knowing waiver of constitutional rights. [2] We note that a determination of whether or not an accused is indigent and entitled to appointed counsel as an indigent becomes necessary when the accused elects to avail himself of the right to counsel and requests appointment of counsel, a situation which never arose at the time the contested predicate plea was tende | 1 | 1997–1997 |
State v. Smith
green
1 sentence1992Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Nuccio, 454 So.2d 93 (La.1984); State v. Smith, 513 So.2d 544 (La.App.2d Cir.1987). | 1 | 1992–1992 |
State v. Robicheaux
green
1 sentence1986Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Age, 417 So.2d 1183 (La.1982); State v. Robicheaux, 412 So.2d 1313 (La.1982). | 1 | 1986–1986 |
State v. Holden
green
1 sentence1985State v. Holden, 375 So.2d 1372 (La.1979). | 1 | 1985–1985 |
State v. Martin
green
1 sentence1982In State v. Martin, 382 So.2d 933 (La. 1980), this court held that a plea based on a colloquy similar to that in question was not shown to have been intelligent and voluntary, and could not be used as a predicate for a subsequent charge. | 1 | 1982–1982 |
State v. Dauzat
neutral
2 sentences1979Jackson v. Henderson, 260 La. 88 , 255 So.2d 84 (1971), this Court relying on Boykin , held that an express and knowing waiver of the accused's privilege against 1) compulsory self-incrimination, 2) his right to trial by jury, and 3) his right to confront his accusers was essential to the constitutional validity of a guilty plea. 1979Jackson v. Henderson, 260 La. 88 , 255 So.2d 84 (1971), this Court relying on Boykin , held that an express and knowing waiver of the accused's privilege against 1) compulsory self-incrimination, 2) his right to trial by jury, and 3) his right to confront his accusers was essential to the constitutional validity of a guilty plea. | 1 | 1979–1979 |
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.