Cited by

Opinions in Louisiana that cite State v. Lewis, 421 So. 2d 224.

59 citing documents.

State of Louisiana v. Lester David Cheveallier La. Ct. App. 2d Cir. 2025
State Of Louisiana v. Marcus Clayton La. Ct. App. 1st Cir. 2025
State Of Louisiana v. Kody Byers La. Ct. App. 1st Cir. 2024
State Of Louisiana v. Andrew David Wetzel La. Ct. App. 1st Cir. 2024
State Of Louisiana v. Colton Boudreaux La. Ct. App. 1st Cir. 2024
State of Louisiana v. Julieanne Perales A/K/A Julianne Perales La. Ct. App. 3d Cir. 2024
State of Louisiana v. Juan Dedilos Villarreal Gamboa La. Ct. App. 3d Cir. 2023
State of Louisiana v. Roderick T. Branch La. Ct. App. 2d Cir. 2023
State of Louisiana v. Lawrence Michael Handley A/K/A Lawrence M. Handley La. Ct. App. 3d Cir. 2023
State of Louisiana v. Tyler John Clause La. Ct. App. 3d Cir. 2023
State of Louisiana v. Nancy Rogers A/K/A Nancy Lynn Rogers La. Ct. App. 3d Cir. 2022
State Of Louisiana v. Tyler Judson La. Ct. App. 1st Cir. 2022
3d 554 per curiam) ( ( La.
State Of Louisiana v. Allen James Harrison La. Ct. App. 1st Cir. 2021
See Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L.Ed.2d 274 ( 1969); - 26 ( La.
State Of Louisiana v. Sandy Davis La. Ct. App. 1st Cir. 2021
State Of Louisiana v. Larry Earl Miles La. 2021
State of Louisiana v. D'Andrae L. McGarr La. Ct. App. 2d Cir. 2020
State v. Gallagher 274 So. 3d 1285 La. Ct. App. 1st Cir. 2019
In addition, the Louisiana Supreme Court in State v. Lewis , (La.
State v. McGarr 268 So. 3d 1189 La. Ct. App. 2d Cir. 2019
State v. Hart 183 So. 3d 597 La. Ct. App. 2d Cir. 2015
State v. Banks 163 So. 3d 895 La. Ct. App. 2d Cir. 2015
State v. O'Brien 168 So. 3d 627 La. Ct. App. 1st Cir. 2014
art. |4559(A) provided that a court “may permit a plea of guilty to be withdrawn at any time before sentence.” 2 Likewise, -26 (La.1982), held that a trial court may permit the withdrawal of a guilty plea after sentencing if the court finds that the guilty plea was not entered freely and voluntarily, or if there was an inadequate colloquy advising the defendant of the rights he was waiving by pleading guilty and therefore the guilty p
State v. Baham 149 So. 3d 1235 La. Ct. App. 1st Cir. 2014
P. art. 559(A), Mr. Baham’s motion to withdraw was untimely as it was not filed “before sentencing.” the Louisiana Supreme Court concluded that a constitutionally infirm plea is subject to attack even after sentencing.
State v. Dominick 129 So. 3d 782 La. Ct. App. 1st Cir. 2013
art. 559 provides in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before sentence.” considered this issue and held that a trial court may permit the withdrawal of a guilty plea after sentencing when the district court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and, therefore, the plea is constitutionally infirm.
State v. Ellison 121 So. 3d 139 La. Ct. App. 1st Cir. 2013
the Louisiana Supreme Court held that a trial court may permit the withdrawal of a guilty plea after sentencing if the court finds that the guilty plea was not entered freely and voluntarily, or if there was an inadequate colloquy advising the defendant of the rights he was waiving by pleading guilty and th
State v. Joseph 95 So. 3d 1209 La. Ct. App. 1st Cir. 2012
art. 559 provide in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before sentence.” considered this issue and held that a trial court may permit the withdrawal of a guilty plea after sentencing when the trial court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and, therefore, the plea is constitutionally infirm.
State v. Otkins 81 So. 3d 150 La. Ct. App. 1st Cir. 2011
5 Cir. 12/30/03) , ( (La.
State v. Young 71 So. 3d 565 La. Ct. App. 1st Cir. 2011
Likewise, held that a trial court may permit the withdrawal of a guilty plea after sentencing if the court finds that the guilty plea was not entered freely and voluntarily, or if there was an inadequate colloquy advising the defendant of the rights he was waiving by pleading guilty and therefore was constitutionally
State v. Causey 67 So. 3d 697 La. Ct. App. 1st Cir. 2011
art. 559 provide in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before sentence.” considered this issue and held that a trial court may permit the withdrawal of a guilty plea after sentencing when the trial court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and, therefore, the plea is constitutionally infirm.
State v. Scott 8 So. 3d 658 La. Ct. App. 1st Cir. 2009
5 Cir. 11/15/95), , writ denied, 95-2853 (La.2/28/96), ().
State v. McCoil 924 So. 2d 1120 La. Ct. App. 5th Cir. 2006
State v. Rhea 876 So. 2d 131 La. Ct. App. 1st Cir. 2004
art. 559 provide in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before sentence.” considered this issue and held that a trial court may permit the withdrawal of a guilty plea after sentencing when the trial court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and, therefore, the plea is constitutionally infirm.
State v. Roberts 864 So. 2d 860 La. Ct. App. 5th Cir. 2003
State v. Temple 789 So. 2d 639 La. Ct. App. 4th Cir. 2001
State v. Morris, 98-2684 (La.App.
State v. Hoover 785 So. 2d 184 La. Ct. App. 2d Cir. 2001
State v. McBride 776 So. 2d 546 La. Ct. App. 1st Cir. 2000
Code of Criminal Procedure article 559 provides in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before sentence.” However, concluded that a trial court may permit the withdrawal of a guilty plea after sentencing when the trial court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate and therefore that the plea is constitutionally infirm.
State v. Myers 753 So. 2d 921 La. Ct. App. 4th Cir. 2000
State v. King, 93-2146, p. 2 (La.App.
State ex rel. Chauvin v. State 814 So. 2d 1 La. Ct. App. 1st Cir. 2000
State v. Trahan 752 So. 2d 921 La. Ct. App. 4th Cir. 1999
State v. Morris 729 So. 2d 1141 La. Ct. App. 4th Cir. 1999
State v. King, 93-2146 (La.App.
State in Interest of JG 684 So. 2d 563 La. Ct. App. 3d Cir. 1996
the supreme court stated the following: When a Trial Judge finds, even after sentencing a defendant, either that a plea of guilty was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and that the plea, therefore, is constitutionally infirm, the Trial Court retains the authority
State v. Guzman 665 So. 2d 512 La. Ct. App. 5th Cir. 1995
appeal after remand, (La.App.
State v. King 639 So. 2d 1231 La. Ct. App. 4th Cir. 1994
However, concluded that a trial court may permit the withdrawal of a guilty plea after sentencing when the trial court finds that the guilty plea was not entered freely and voluntarily or that the Boykin colloquy was inadequate and therefore that the plea is constitutionally infirm.
State v. Hall 637 So. 2d 645 La. Ct. App. 2d Cir. 1994
State v. Lapoint 635 So. 2d 554 La. Ct. App. 3d Cir. 1994
the defendant alleged that he was unintentionally misled by remarks made by the trial judge.
State v. Dunbar 633 So. 2d 938 La. Ct. App. 1st Cir. 1994
Even after sentencing, if a trial court finds “either that a plea of guilty was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and that the plea, therefore, is constitutionally infirm, the Trial Court retains the authority to vacate the sentence and set aside the plea.”
State v. Boudreaux 616 So. 2d 733 La. Ct. App. 1st Cir. 1993
State v. Waguespack 589 So. 2d 1079 La. Ct. App. 1st Cir. 1991
State v. Davis 588 So. 2d 1234 La. Ct. App. 1st Cir. 1991
Even after sentencing, if a trial court finds “either that a plea of guilty was not entered freely and voluntarily or that the Boykin colloquy was inadequate, and that the plea, therefore, is constitutionally infirm, the Trial Court retains the authority to vacate the sentence and set aside the plea_”
State v. Parker 581 So. 2d 314 La. Ct. App. 1st Cir. 1991
However, the Louisiana Supreme Court held that a trial court could consider a motion to withdraw a guilty plea filed after sentencing and, if the motion had merit, a sentence could be vacated and a constitutionally infirm guilty plea could be set aside notwithstanding Article 559.
State v. Greer 572 So. 2d 1166 La. Ct. App. 1st Cir. 1990