Cited by
Opinions in Louisiana that cite State v. Holden, 375 So. 2d 1372.
-
State of Louisiana v. George Joseph
La. Ct. App. 3d Cir. 2022
This case therefore also implicates the Court’s which involved a defendant’s collateral attack on a 1972 federal conviction by way of a guilty plea then used to enhance his sentence under La.R.S.
-
State v. Morgan
134 So. 3d 1160
La. 2014
Id., 09-0735 at 13, 11 So.3d at 482 ; (for non-Louisiana pleas used to enhance sentence, the defendant “has the affirmative burden of showing that he was in fact not advised, either by the court or through counsel, of the particular circumstances of his plea that were not touched upon in an otherwise sufficient colloquy.”) (emphasis added)
-
State v. Lyons
134 So. 3d 36
La. Ct. App. 1st Cir. 2014
art. 771 condemns the use of remarks that are “irrelevant or immaterial and of such a nature that it might create prejudice against the defendant or the state, in the mind of the jury.” overruled in part on other grounds, (citing La.C.Cr.P.
-
State v. Tatten
116 So. 3d 843
La. Ct. App. 1st Cir. 2013
|7In other cases, we have found a minute entry alone to be sufficient under [State v.] Lewis [ ] and [State v.] Holden [ ].
-
State v. Balsano
11 So. 3d 475
La. 2009
This case therefore also implicates the Court’s which involved a defendant’s collateral attack on a 1972 federal conviction by way of a guilty plea then used to enhance his sentence under La.
-
State v. Watson
911 So. 2d 396
La. Ct. App. 2d Cir. 2005
See, (all three cases requiring the defendant to affirmatively show substantial defects in out-of-state predicate convictions).
-
State v. Johnson
833 So. 2d 508
La. Ct. App. 4th Cir. 2003
[4] Overruled in part on other grounds
-
State v. Pierce
799 So. 2d 732
La. Ct. App. 3d Cir. 2001
See, (all three cases requiring the defendant to affirmatively show substantial defects in out-of-state predicate convictions).
-
State v. Allen
777 So. 2d 1252
La. Ct. App. 4th Cir. 2001
1979) the Louisiana Supreme Court held that when the State used a plea from another state or a federal plea as a prior conviction in order to enhance a defendant's sentence under the Multiple Offender Statute, that State had to prove the conviction and its date by a certified copy of a minute entry (or an equival
-
State v. Coleman
762 So. 2d 1134
La. Ct. App. 1st Cir. 2000
See, (all three cases requiring the defendant to affirmatively show substantial defects in out-of-state predicate convictions).
- State v. Johnson 713 So. 2d 579 La. Ct. App. 4th Cir. 1998
- State v. Stewart 712 So. 2d 106 La. Ct. App. 2d Cir. 1997
-
State v. Stewart
656 So. 2d 677
La. Ct. App. 2d Cir. 1995
See, (all three cases requiring the defendant to affirmatively show substantial defects in out-of-state predicate convictions).
- State v. Windham 630 So. 2d 688 La. 1993
- State v. Shelton 621 So. 2d 769 La. 1993
- State v. Roquemore 574 So. 2d 473 La. Ct. App. 2d Cir. 1991
-
State v. Lard
568 So. 2d 629
La. Ct. App. 2d Cir. 1990
157 , 66 L.Ed.2d 72 (1980), rev'd on other grounds
- State v. Beard 547 So. 2d 7 La. Ct. App. 4th Cir. 1989
- State v. Fleury 545 So. 2d 1208 La. Ct. App. 4th Cir. 1989
-
State v. Hannah
530 So. 2d 626
La. Ct. App. 1st Cir. 1988
Because this third prior conviction resulting from a guilty plea occurred in Texas, applies: “In Holden we held that, when the state intends to use a plea of guilty as a prior conviction in order to enhance punishment under La.R.S.
- State v. Jones 516 So. 2d 396 La. Ct. App. 5th Cir. 1987
-
State v. Salter
515 So. 2d 609
La. Ct. App. 1st Cir. 1987
1st Cir.) writ denied, n. 2 (La.1979), overruled in part on other grounds
-
State v. Martin
509 So. 2d 160
La. Ct. App. 1st Cir. 1987
[2] Overruled in part on other grounds
- State v. Wright 509 So. 2d 784 La. Ct. App. 5th Cir. 1987
- State v. Glenn 493 So. 2d 806 La. Ct. App. 2d Cir. 1986
- State v. Junegain 478 So. 2d 542 La. Ct. App. 4th Cir. 1985
- State v. Smith 477 So. 2d 875 La. Ct. App. 4th Cir. 1985
- State v. Lawson 474 So. 2d 455 La. Ct. App. 4th Cir. 1985
- State v. Baker 471 So. 2d 945 La. Ct. App. 2d Cir. 1985
- State v. Rome 469 So. 2d 1150 La. Ct. App. 4th Cir. 1985
-
State v. Blunt
464 So. 2d 869
La. Ct. App. 4th Cir. 1985
The Louisiana supreme court has held, that a guilty-plea, rights-waiver form executed by defendant, although complete in every detail, is insufficient without minutes or transcript of a colloquy between judge and defendant showing the knowing and voluntary waiver required by Boykin v. Al
- State Ex Rel. Martin v. State 462 So. 2d 637 La. 1985
-
State v. Gray
461 So. 2d 389
La. Ct. App. 1st Cir. 1984
(partially overruled on other grounds, ), the Louisiana Supreme Court stated that: “In a multiple offender hearing, only those previous pleas of guilty may be used to enhance a sentence which are supported by a contemporaneous record of a Boykin examination demonstrating the free and voluntary nature of a plea of guilty with an articulated waiver
- State v. Smith 461 So. 2d 417 La. Ct. App. 1st Cir. 1984
- State v. McKethan 459 So. 2d 72 La. Ct. App. 2d Cir. 1984
- State v. Britton 450 So. 2d 702 La. Ct. App. 1st Cir. 1984
-
State v. Stewart
452 So. 2d 186
La. Ct. App. 4th Cir. 1984
that when using a non-Louisiana guilty plea in an enhancement proceeding, the state is required to prove only that the defendant pled guilty with representation of counsel.
- State v. Sisk 444 So. 2d 315 La. Ct. App. 1st Cir. 1983
-
State v. Cressy
440 So. 2d 141
La. 1983
however, this court held that a different standard applied to convictions occurring prior to December 9, 1971, as well as to those occurring in federal and non-Louisiana courts: "However, Lewis is overruled insofar as it announced a similar rule for Louisiana state convictions prior to December 8, 197
- State v. Murray 436 So. 2d 775 La. Ct. App. 4th Cir. 1983
-
State v. Martin
427 So. 2d 1182
La. 1983
this court held that a defendant could not complain for the first time on appeal that the record did not reflect compliance with the "three-right articulation rule" at the guilty plea on the prior felony.
-
State v. Bland
419 So. 2d 1227
La. 1982
in discussing whether Lewis applied to non-Louisiana convictions, noted that the "contemporaneous record" of Lewis meant either the minutes or a transcript: "
- State v. Santiago 416 So. 2d 524 La. 1982
-
State v. Berndt
416 So. 2d 56
La. 1982
the state is only required to prove, in guilty pleas entered before December 8, 1971 that defendant pleaded with representation by counsel.
- State v. Talbert 416 So. 2d 68 La. 1982
-
State v. Yarbrough
418 So. 2d 503
La. 1982
2085 , 60 L.Ed.2d 634 (1979), re-evaluated its position in the Lewis case, supra, and upheld the use of a federal conviction in a multiple offender proceeding even though the state did not affirmatively establish compliance with this court's three rights articulated waiver rule.
- State v. Age 417 So. 2d 1183 La. 1982
- State v. Smith 415 So. 2d 930 La. 1982
- State v. Smith 408 So. 2d 1110 La. 1981
- State v. McGinnis 413 So. 2d 1307 La. 1981