Opinion · Louisiana Court Opinions

STATE EX REL. RECASNER v. HENDERSON, 273 So.2d 294 (La. 1973)

STATE OF La. EX REL. FRANK RECASNER v. C. MURRAY HENDERSON, WARDEN,LOUISIANA STATE PENITENTIARY., 273 So. 2d 294 (La. 1973)

Type: Opinion
Court: Louisiana Court Opinions
Jurisdiction: Louisiana
Date: 1973-03-01
Topic: general

STATE EX REL. RECASNER v. HENDERSON, 273 So.2d 294 (La. 1973) STATE OF LOUISIANA EX REL. FRANK RECASNER v. C.

Citator

UpLaw has not yet analyzed STATE EX REL. RECASNER v. HENDERSON, 273 So.2d 294 (La. 1973). The absence of a flag is not a finding that it is good law.

STATE EX REL. RECASNER v. HENDERSON,273 So.2d 294(La. 1973)

STATE OF LOUISIANA EX REL. FRANK RECASNER v. C. MURRAY HENDERSON, WARDEN,

LOUISIANA STATE PENITENTIARY.

No. 53140.

Supreme Court of Louisiana.

March 1, 1973.

IN RE: FRANK RECASNER APPLYING FOR WRITS OF HABEAS CORPUS, CERTIORARI, PROHIBITION AND MANDAMUS.

[1] Writ denied. The showing made does not warrant the exercise of this Court's supervisory jurisdiction. The record of the trial court shows the plea of guilty was free and voluntary.

[2] BARHAM, J., is of the opinion this writ must be granted since the relator did not have his constitutional rights explained to him before the plea was received. The plea was taken after Boykin v. Alabama,395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 and the complete transcript of the plea colloquy negates compliance with Boykin.

[3] TATE, J., concurs in the denial on the basis of State ex rel. LeBlanc v. Henderson,261 La. 315,259 So.2d 557(1972).

[4] DIXON and CALOGERO, JJ., dissent from the refusal.West Page 295