Opinion · Louisiana Court Opinions

STATE EX REL. BILLIOT v. HENDERSON, 294 So.2d 822 (La. 1974)

STATE OF La. EX REL. PAUL BILLIOT v. C. MURRAY HENDERSON,WARDEN, La. STATE PENITENTIARY., 294 So. 2d 822 (La. 1974)

Type: Opinion
Court: Louisiana Court Opinions
Jurisdiction: Louisiana
Date: 1974-05-24
Topic: general

STATE EX REL. BILLIOT v. HENDERSON, 294 So.2d 822 (La. 1974) STATE OF LOUISIANA EX REL. PAUL BILLIOT v. C.

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UpLaw has not yet analyzed STATE EX REL. BILLIOT v. HENDERSON, 294 So.2d 822 (La. 1974). The absence of a flag is not a finding that it is good law.

STATE EX REL. BILLIOT v. HENDERSON,294 So.2d 822(La. 1974)

STATE OF LOUISIANA EX REL. PAUL BILLIOT v. C. MURRAY HENDERSON,

WARDEN, LOUISIANA STATE PENITENTIARY.

No. 54644.

Supreme Court of Louisiana.

May 24, 1974.

IN RE: PAUL BILLIOT APPLYING FOR WRITS OF MANDAMUS AND HABEAS CORPUS.

[1] Writ denied. On the basis of evidence transcribed at the time the plea of guilty was taken on March 16, 1970, we find the plea of guilty knowingly waived constitutional rights and was free and voluntary.

[2] BARHAM, J., dissents from the refusal of the writ. A plea of guilty must beWest Page 823made knowingly. A knowledgeable plea requires that defendant understand his constitutional rights and the effect of the plea upon these rights. No showing is made in the taking of the plea that defendant made a knowledgeable plea of guilty.

[3] DIXON, J., dissents from refusal to grant.

[4] CALOGERO, J., dissents, would grant the writ.