69 Louisiana opinions name it 2 courts 1972–2023 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 |
|---|---|---|
Boykin v. Alabamagreen2 sentences2023The transcript of the Boykin' hearing indicates that at the beginning of the hearing, defense counsel set forth the defendant would withdraw his previous not z Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed. 2d 274 ( 1969). 3 guilty pleas and enter guilty pleas " as per our pretrial discussions." Thereafter, the defendant was advised of and waived his rights, and defense counsel advised the court that sentencing was set for January 5, 2022. 2023The transcript of the Boykin' hearing indicates that at the beginning of the hearing, defense counsel set forth the defendant would withdraw his previous not z Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed. 2d 274 ( 1969). 3 guilty pleas and enter guilty pleas " as per our pretrial discussions." Thereafter, the defendant was advised of and waived his rights, and defense counsel advised the court that sentencing was set for January 5, 2022. | 6 | 12 |
State v. Lineargreen2 sentences2011State v. Linear, 600 So.2d 113, 115-16 (La.App. 2 Cir.1992) (emphasis added) (footnote omitted). 4 Thus, the second circuit remanded the case to the trial court for an additional Boykin hearing. 2011State v. Linear, 600 So.2d 113, 115-16 (La.App. 2 Cir.1992) (emphasis added) (footnote omitted). 4 Thus, the second circuit remanded the case to the trial court for an additional Boykin hearing. | 5 | 9 |
State v. Jonesgreen2 sentences2008However, defendant contends that under Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), the court was required to further inform her that by pleading guilty, she was waiving her right to trial and "jury trial where applicable." See State v. Jones, 404 So.2d 1192, 1196 (La. 1981) (per curiam). [2] In order for a misdemeanor guilty plea to be used as a basis for actual imprisonment, enhancement of actual imprisonment, or conversion of a subsequent misdemeanor into a felony, the trial judge must inform the defendant that by pleading guilty he waives: (a) his privilege agai 1993Compare these cases with the minute entry in State v. Bland, supra, which reflects a "full Boykin inquiry." Based upon the above jurisprudence, we are forced to conclude that the State failed to make an affirmative showing of a knowing and voluntary waiver as required by State v. Jones, supra. Additionally, the minute entry for the uncounseled guilty plea fails to establish that the trial judge inquired into the defendant's age, education, background and competency, as required by State v. Strain, supra. The defendant's conviction of DWI, third offense, is reversed based upon our finding that | 3 | 4 |
State v. Halsellgreen2 sentences1999However, as stated by the Louisiana Supreme Court in State v. Halsell, 403 So.2d 688, 690 (La.1981), "[w]hile it is preferable for the trial judge to conduct a colloquy with the defendant to ascertain the validity of the plea, such a colloquy may not be indispensable, as long as the record contains some other affirmative showing to support the plea." In the matter before us, it is clear from the transcript of the April 30, 1998 Boykin hearing that defendant had two prior drug possession convictions, and that pursuant to La. 1986See the dissenting opinions of Justices Marcus and Blanche in State v. Williams, 400 So.2d 868 (La.1981), and the concurring opinions of those Justices in State v. Warren, 402 So.2d 662 (La.1981), and State v. Halsell, 403 So.2d 688 (La.1981). | 2 | 2 |
State v. Crosbygreen2 sentences2018Two days into trial, the defendant withdrew his not guilty plea, and at a Boykin hearing, pled guilty pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), and State v. Crosby, 338 So.2d 584 (La. 1976). 2018Two days into trial, the defendant withdrew his not guilty plea, and at a Boykin hearing, pled guilty pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), and State v. Crosby, 338 So.2d 584 (La. 1976). | 1 | 8 |
State v. Guzmangreen2 sentences2007P. art. 921." *920 According to State v. Guzman, supra , advice regarding sentencing is not a Boykin error; thus, it is subject to the harmless error analysis. 2007P. art. 921." *920 According to State v. Guzman, supra , advice regarding sentencing is not a Boykin error; thus, it is subject to the harmless error analysis. | 1 | 4 |
State v. Fletchergreen2 sentences2007The same procedure was followed by this court in State v. Jordan, 619 So.2d 648 (La.App. 2d Cir.1993), op'n after remand, 619 So.2d 647 (La.App. 2d Cir. 1993); State v. Fletcher, 624 So.2d 470 (La. 2007The same procedure was followed by this court in State v. Jordan, 619 So.2d 648 (La.App. 2d Cir.1993), op'n after remand, 619 So.2d 647 (La.App. 2d Cir. 1993); State v. Fletcher, 624 So.2d 470 (La. | 1 | 2 |
State v. Jonesgreen1 sentence2018See State v. Jones , 1999-2207 (La. 1/29/01), 778 So.2d 1131 ; State v. Reynolds , 1998-2281 (La. 4/16/99), 733 So.2d 1191 . | 1 | 1 |
State v. Cittadinogreen2 sentences2005In State v. Cittadino, 628 So.2d 251, 254, n. 2 (La.App. 5 Cir.1993), this Court noted that a page was missing from the defendant's guilty plea form presented at the habitual offender hearing, which required the signature of the attorney; however, this Court recognized that the defendant was in fact represented by counsel after looking to the Boykin hearing. 2005In State v. Cittadino, 628 So.2d 251, 254, n. 2 (La.App. 5 Cir.1993), this Court noted that a page was missing from the defendant's guilty plea form presented at the habitual offender hearing, which required the signature of the attorney; however, this Court recognized that the defendant was in fact represented by counsel after looking to the Boykin hearing. | 1 | 1 |
State v. Barrongreen1 sentence2004Id. at 1083 (emphasis added). | 1 | 1 |
| State v. Bowickgreen | 1 | 1 |
| State in Interest of Hickersongreen | 1 | 1 |
| State v. Odomgreen | 1 | 1 |
| State v. Blandgreen | 1 | 1 |
| State v. Straingreen | 1 | 1 |
| State v. Williamsgreen | 1 | 1 |
| State v. Warrengreen | 1 | 1 |
| State v. Nelsongreen | 1 | 1 |
| Kercheval v. United Statesgreen | 1 | 1 |
| MacHibroda v. United Statesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Kelly v. Stategreen2 sentences1972But see Kelly v. State, Fla.App., 254 So.2d 22 (1971). 1972But see Kelly v. State, Fla.App., 254 So.2d 22 (1971). | 2 | 2 |
| Case | Cited | Years |
|---|---|---|
North Carolina v. Alford
green
2 sentences2018Two days into trial, the defendant withdrew his not guilty plea, and at a Boykin hearing, pled guilty pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), and State v. Crosby, 338 So.2d 584 (La. 1976). 2018Two days into trial, the defendant withdrew his not guilty plea, and at a Boykin hearing, pled guilty pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), and State v. Crosby, 338 So.2d 584 (La. 1976). | 6 | 1972–2018 |
State Ex Rel. Jackson v. Henderson
green
2 sentences1998Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (1971). 1998Jackson v. Henderson, 260 La. 90 , 255 So.2d 85 (1971). | 6 | 1972–1998 |
State v. Stevenson
neutral
2 sentences2018App. 2 Cir. 6/23/10), 41 So.3d 1273 , the defendant sought to withdraw his guilty plea to criminal damage to property with the intent to defraud, arguing that the trial court accepted his guilty plea despite his assertions that he did not damage any property and without ascertaining whether a sufficient factual basis existed for the acceptance of the guilty plea. 2018App. 2 Cir. 6/23/10), 41 So.3d 1273 , the defendant sought to withdraw his guilty plea to criminal damage to property with the intent to defraud, arguing that the trial court accepted his guilty plea despite his assertions that he did not damage any property and without ascertaining whether a sufficient factual basis existed for the acceptance of the guilty plea. | 4 | 2011–2018 |
State v. Ford
neutral
2 sentences2018App. 2 Cir. 1/22/97), 687 So.2d 658 , this Court noted that the defendant's statement at his Boykin hearing that he acted in self-defense by stabbing the victim "was sufficient to place the district court on notice that a judicial finding of a significant factual basis for the plea was required." In State v. Stevenson , 45,371 (La. 2018App. 2 Cir. 1/22/97), 687 So.2d 658 , this Court noted that the defendant's statement at his Boykin hearing that he acted in self-defense by stabbing the victim "was sufficient to place the district court on notice that a judicial finding of a significant factual basis for the plea was required." In State v. Stevenson , 45,371 (La. | 3 | 2007–2018 |
State v. Jordan
green
2 sentences1993State v. Jordan, supra; State v. Linear, supra. The State is entitled to correct this deficiency at an additional Boykin hearing. 1993State v. Jordan, supra; State v. Linear, supra. The State is entitled to correct this deficiency at an additional Boykin hearing. | 2 | 1993–2007 |
State v. Reynolds
yellow
1 sentence2018See State v. Jones , 1999-2207 (La. 1/29/01), 778 So.2d 1131 ; State v. Reynolds , 1998-2281 (La. 4/16/99), 733 So.2d 1191 . | 1 | 2018–2018 |
State v. Williams
neutral
2 sentences2017State v. Williams, 12-299 (La.App. 5 Cir. 12/11/12) , 106 So.3d 1068, 1074 . 2017State v. Williams, 12-299 (La.App. 5 Cir. 12/11/12) , 106 So.3d 1068, 1074 . | 1 | 2017–2017 |
State v. Balsano
green
1 sentence2014This Court made clear in State v. Balsano, 09-0735 (La.6/19/09), 11 So.3d 475 , that for out-of-state guilty pleas, a defendant must show more than a technical violation of this Court’s three-right prophylactic Boykin rule meant to facilitate the taking of voluntary guilty pleas in Louisiana and demonstrate that the guilty plea did not reflect a knowing and voluntary waiver of trial. | 1 | 2014–2014 |
State v. Fregia
green
2 sentences2013Thus, the panel remanded the matter with instructions that “the district court is ordered to conduct an additional Boykin hearing allowing the State an opportunity to present other evidence'of Defendant’s guilt at said hearing^.]” Id. at 1007 . lain accordance with those instructions, the trial court conducted an additional Boykin hearing whereat the State offered additional evidence concerning the factual basis for the defendant’s guilty plea. 2013Thus, the panel remanded the matter with instructions that “the district court is ordered to conduct an additional Boykin hearing allowing the State an opportunity to present other evidence'of Defendant’s guilt at said hearing^.]” Id. at 1007 . lain accordance with those instructions, the trial court conducted an additional Boykin hearing whereat the State offered additional evidence concerning the factual basis for the defendant’s guilty plea. | 1 | 2013–2013 |
State v. Campbell
green
2 sentences2012State v. Campbell, 08-1226 (La.App. 5 Cir. 5/26/09) ; 15 So.3d 1076, 1079 , writ denied, 09-1385 (La.2/12/10); 27 So.3d 842 . 2012State v. Campbell, 08-1226 (La.App. 5 Cir. 5/26/09) ; 15 So.3d 1076, 1079 , writ denied, 09-1385 (La.2/12/10); 27 So.3d 842 . | 1 | 2012–2012 |
State v. Coleman
green
2 sentences2012State v. Campbell, 08-1226 (La.App. 5 Cir. 5/26/09) ; 15 So.3d 1076, 1079 , writ denied, 09-1385 (La.2/12/10); 27 So.3d 842 . 2012State v. Campbell, 08-1226 (La.App. 5 Cir. 5/26/09) ; 15 So.3d 1076, 1079 , writ denied, 09-1385 (La.2/12/10); 27 So.3d 842 . | 1 | 2012–2012 |
State v. Bowie
green
2 sentences2012In State v. Bowie, 96-2987 (La.1/31/97), 687 So.2d 369 , the state supreme court implicitly approved this procedure as it granted writs to provide guidance regarding the new Boykin hearing but declined to exercise its supervisory authority further. 2012In State v. Bowie, 96-2987 (La.1/31/97), 687 So.2d 369 , the state supreme court implicitly approved this procedure as it granted writs to provide guidance regarding the new Boykin hearing but declined to exercise its supervisory authority further. | 1 | 2012–2012 |
State v. LeBouef
green
1 sentence2011Id., 96-680 at 2-6, 708 So.2d at 794-96 . | 1 | 2011–2011 |
State v. Ridgley
green
1 sentence2011Id., 96-680 at 2-6, 708 So.2d at 794-96 . | 1 | 2011–2011 |
Strickland v. Washington
green
2 sentences2008A claim of ineffective assistance is analyzed under the criteria announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2008A claim of ineffective assistance is analyzed under the criteria announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2008–2008 |
State v. CET
neutral
2 sentences2007Under these circumstances, as Chief Judge Thibodeaux observed, State v. Lemelle, 06-0371 (La.App. 3rd Cir.9/27/06), 937 So.2d 444 , 2006 WL 2806580 (unpub’d)(Thibodeaux, C.J., dissenting), defendant is entitled to the enforcement of his plea agreement. 2007Under these circumstances, as Chief Judge Thibodeaux observed, State v. Lemelle, 06-0371 (La.App. 3rd Cir.9/27/06), 937 So.2d 444 , 2006 WL 2806580 (unpub’d)(Thibodeaux, C.J., dissenting), defendant is entitled to the enforcement of his plea agreement. | 1 | 2007–2007 |
State v. Lemelle
neutral
2 sentences2007Under these circumstances, as Chief Judge Thibodeaux observed, State v. Lemelle, 06-0371 (La.App. 3rd Cir.9/27/06), 937 So.2d 444 , 2006 WL 2806580 (unpub’d)(Thibodeaux, C.J., dissenting), defendant is entitled to the enforcement of his plea agreement. 2007Under these circumstances, as Chief Judge Thibodeaux observed, State v. Lemelle, 06-0371 (La.App. 3rd Cir.9/27/06), 937 So.2d 444 , 2006 WL 2806580 (unpub’d)(Thibodeaux, C.J., dissenting), defendant is entitled to the enforcement of his plea agreement. | 1 | 2007–2007 |
State v. Jordan
green
2 sentences2007The same procedure was followed by this court in State v. Jordan, 619 So.2d 648 (La.App. 2d Cir.1993), op'n after remand, 619 So.2d 647 (La.App. 2d Cir. 1993); State v. Fletcher, 624 So.2d 470 (La. 2007The same procedure was followed by this court in State v. Jordan, 619 So.2d 648 (La.App. 2d Cir.1993), op'n after remand, 619 So.2d 647 (La.App. 2d Cir. 1993); State v. Fletcher, 624 So.2d 470 (La. | 1 | 2007–2007 |
State v. Stewart
neutral
2 sentences2006As this court found in State v. Stewart, 27,049 (La.App.2d Cir.05/10/95), 656 So.2d 677, 682 , the state's inability to present a transcript of the Boykin hearing is not evidence of an infringement or irregularity. 2006As this court found in State v. Stewart, 27,049 (La.App.2d Cir.05/10/95), 656 So.2d 677, 682 , the state's inability to present a transcript of the Boykin hearing is not evidence of an infringement or irregularity. | 1 | 2006–2006 |
| State v. Jones neutral | 1 | 2002–2002 |
| State v. Jones neutral | 1 | 2002–2002 |
| State v. Arnold green | 1 | 2001–2001 |
| State v. Calhoun green | 1 | 2000–2000 |
| State v. Garth green | 1 | 1999–1999 |
| State v. Ledet neutral | 1 | 1999–1999 |
| State v. Smith green | 1 | 1999–1999 |
| State v. Hunter neutral | 1 | 1998–1998 |
| State v. Coleman green | 1 | 1995–1995 |
| State v. Hughes green | 1 | 1995–1995 |
| State v. McCarty green | 1 | 1993–1993 |
| Voorhees v. Jackson ex dem. President of the Bank of the United States green | 1 | 1993–1993 |
| State Ex Rel. LeBlanc v. Henderson green | 1 | 1993–1993 |
| State v. Longo green | 1 | 1992–1992 |
| State v. Blunt green | 1 | 1992–1992 |
| State v. Jackson green | 1 | 1988–1988 |
| State v. Broussard green | 1 | 1987–1987 |
| State v. St. Pierre neutral | 1 | 1987–1987 |
| State v. Yarbrough green | 1 | 1987–1987 |
| State v. Martin green | 1 | 1985–1985 |
| State v. Holden green | 1 | 1985–1985 |
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.