Cited by
Opinions in Louisiana that cite State v. Robicheaux, 412 So. 2d 1313.
-
State of Louisiana v. George Joseph
La. Ct. App. 3d Cir. 2022
With respect to the issue in the present case, advice regarding the Fifth Amendment privilege against compelled self-incrimination has been deemed essential to a valid guilty plea in Louisiana, (on reh’g); except when it is not.
- State of Louisiana v. Akeeley Keshawn Blade La. Ct. App. 3d Cir. 2021
- State Of Louisiana v. Stanley James Brumfield La. Ct. App. 1st Cir. 2019
-
State of Louisiana v. Walter Urena
La. Ct. App. 3d Cir. 2014
A defendant ordinarily cannot complain of the insufficiency of an indictment after verdict ―unless it is so defective that it does not set forth an identifiable offense against the laws of this state, and inform the defendant of the statutory basis of the offense.‖
-
State v. Urena
161 So. 3d 701
La. Ct. App. 1st Cir. 2014
A defendant ordinarily cannot complain of the insufficiency of an indictment after verdict “unless it is so defective that it does not set forth an identifiable offense against the laws of this state, and inform the defendant of the statutory basis of the offense.”
-
State v. Gay
136 So. 3d 919
La. Ct. App. 2d Cir. 2014
For example, advising the defendant he has a “right to remain silent” is insufficient to describe [ 2pthe right against self-incrimination at trial, and advising of a “right to trial” *932 is insufficient to describe the right to a jury trial
- State of Louisiana v. Gabe McKeel, Jr. La. Ct. App. 3d Cir. 2014
- State v. McKeel 153 So. 3d 1029 La. Ct. App. 1st Cir. 2014
- State v. Rivera 134 So. 3d 61 La. Ct. App. 1st Cir. 2014
-
State v. Russell
73 So. 3d 991
La. Ct. App. 2d Cir. 2011
For example, advising the defendant he has a “right to remain silent” is insufficient to describe the right against self-incrimination at trial, and advising of a “right to trial” is insufficient to describe the right to a jury trial
-
State v. Balsano
11 So. 3d 475
La. 2009
With respect to the issue in the present case, advice regarding the Fifth Amendment privilege against compelled self-incrimination has been deemed essential to a valid guilty plea in Louisiana, (on reh’g); except when it is not.
- State of Louisiana v. D. T. La. Ct. App. 3d Cir. 2008
-
State v. D.T.
998 So. 2d 1258
La. Ct. App. 1st Cir. 2008
State v. Devenow, 253 La.
-
State v. DT
998 So. 2d 1258
La. Ct. App. 3d Cir. 2008
State v. Devenow, 253 La.
- State v. Parker 963 So. 2d 497 La. Ct. App. 2d Cir. 2007
- State v. Templet 943 So. 2d 412 La. Ct. App. 1st Cir. 2006
-
State v. Knott
928 So. 2d 534
La. 2006
(defendant must object to joint trial with co-defendant or waive the complaint on appeal); , (1970)(objection to joint trial with co-defendant comes too late in motion for new trial.)
- State v. Lemon 923 So. 2d 794 La. Ct. App. 5th Cir. 2006
-
State v. Jackson
916 So. 2d 1015
La. 2005
(Lemmon, J., dissenting) ("When an appellate court reviews a guilty plea for constitutional validity, the determination depends on the totality of circumstances in each individual case and not on any three-right articulation or other magic word formula.").
- State v. Caston 914 So. 2d 122 La. Ct. App. 2d Cir. 2005
-
State v. Guillard
902 So. 2d 1061
La. Ct. App. 5th Cir. 2005
State v. Wickem, 99-1261 (La.App.
- State v. Walker 870 So. 2d 442 La. Ct. App. 2d Cir. 2004
- State v. Hampton 865 So. 2d 284 La. Ct. App. 2d Cir. 2004
- State v. Bradley 844 So. 2d 115 La. Ct. App. 5th Cir. 2003
- State v. Conner 833 So. 2d 396 La. Ct. App. 5th Cir. 2002
-
State v. Sanborn
831 So. 2d 320
La. Ct. App. 5th Cir. 2002
State v. Short, 00-866, p. 12 (La.App.
-
State v. Allen
824 So. 2d 344
La. 2002
art. 487(A); -17 (La.1974); , 1252 n. 2 (La.App.
-
State v. Knight
811 So. 2d 947
La. Ct. App. 5th Cir. 2002
State v. Wickem, 99-1261 (La.App.
- State v. Loper 807 So. 2d 316 La. Ct. App. 5th Cir. 2001
-
State v. Morrison
795 So. 2d 465
La. Ct. App. 5th Cir. 2001
State v. Short, 00-866 (La.
- State v. Foy 808 So. 2d 735 La. Ct. App. 1st Cir. 2001
- State v. Christoff 788 So. 2d 660 La. Ct. App. 5th Cir. 2001
-
State v. Brown
788 So. 2d 667
La. Ct. App. 5th Cir. 2001
State v. Wickem, 99-1261 (La.App.
- State v. Brown 788 So. 2d 694 La. Ct. App. 5th Cir. 2001
-
State v. Gilbert
788 So. 2d 574
La. Ct. App. 5th Cir. 2001
State v. Short, 00-K-866 (La.App.
-
State v. Knightshed
783 So. 2d 501
La. Ct. App. 5th Cir. 2001
State v. Wickem, supra .
-
State v. Haywood
783 So. 2d 568
La. Ct. App. 5th Cir. 2001
State v. Wickem, supra at 968 .
- State v. Durant 776 So. 2d 1265 La. Ct. App. 5th Cir. 2000
- State v. Short 769 So. 2d 823 La. Ct. App. 5th Cir. 2000
- State v. Richardson 770 So. 2d 454 La. Ct. App. 5th Cir. 2000
- State v. Hester 746 So. 2d 95 La. Ct. App. 5th Cir. 1999
-
State v. Gaar
746 So. 2d 41
La. Ct. App. 2d Cir. 1999
the court vacated an enhanced sentence, since the predicate guilty plea was invalid; the trial judge had stated that the defendant was giving up the right to remain silent but did not say "at trial."
-
State v. Sanders
734 So. 2d 1276
La. Ct. App. 5th Cir. 1999
State v. Robertson, supra.
-
State v. Lisotta
726 So. 2d 57
La. Ct. App. 5th Cir. 1998
noting: Trial judges are granted great discretion in imposing sentences, but even sentences within statutory limits may be excessive under certain circumstances.
-
State v. Guidroz
721 So. 2d 480
La. Ct. App. 5th Cir. 1998
noting: Trial judges are granted great discretion in imposing sentences, but even sentences within statutory limits may be excessive under certain circumstances.
- State v. Hardy 715 So. 2d 466 La. Ct. App. 5th Cir. 1998
-
State v. Adams
715 So. 2d 118
La. Ct. App. 2d Cir. 1998
art. 858; State v. Whitehead, 29,264 (La.App.
-
State v. Richmond
708 So. 2d 1272
La. Ct. App. 5th Cir. 1998
noting: Trial judges are granted great discretion in imposing sentences, but even sentences within statutory limits may be excessive under certain circumstances.
-
State v. Tran
709 So. 2d 311
La. Ct. App. 5th Cir. 1998
State v. Robertson, supra .
-
State v. Bacuzzi
708 So. 2d 1065
La. Ct. App. 5th Cir. 1998
noting: Trial judges are granted great discretion in imposing sentences, but even sentences within statutory limits may be excessive under certain circumstances.