Cited by

Opinions in Louisiana that cite State v. Shelton, 621 So. 2d 769.

391 citing documents.

State of Louisiana Versus Sarah Tyner La. Ct. App. 5th Cir. 2025
7/1/93), the court found that the State presented sufficient evidence to establish the existence of the three predicate convictions listed in the bill of information.
State of Louisiana Versus Joel J. Faucheux, Jr. La. Ct. App. 5th Cir. 2025
Thus, the issue in the present matter is whether 2 (La.
State of Louisiana v. Jerome Lee Manuel La. Ct. App. 3d Cir. 2025
at 559 (footnote omitted) ().
State of Louisiana v. Cleveland E. Richardson La. Ct. App. 2d Cir. 2024
State Of Louisiana v. Stacy Raymund Clark La. Ct. App. 1st Cir. 2023
Specifically, the court held that the burden - ( La.
State Of Louisiana v. Maurice Anderson La. Ct. App. 1st Cir. 2022
State of Louisiana v. George Joseph La. Ct. App. 3d Cir. 2022
15:529.1, applications later described by the Court as “an aberration,” n. 11 (La.1993), has now become the rule for collateral attacks in post-conviction proceedings for all final guilty pleas no matter when they occur.
State Of Louisiana v. David H. Brown (Parish of Lafourche) Convictions Affirmed; Death Sentences Reversed; Case Remanded For … La. 2021
State Of Louisiana v. Aaron Wayne Bush La. Ct. App. 1st Cir. 2020
Specifically, the court held that the burden - ( La.
State of Louisiana Versus Robert Celestine, Jr. La. Ct. App. 5th Cir. 2020
State of Louisiana v. Charles Nicholas Brown, Jr. A/K/A Charles Brown, Jr. La. Ct. App. 3d Cir. 2020
-80 (La.1993) (footnote omitted): If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
State of Louisiana v. Desmond C. Parker La. 2019
7/1/93), and found it lacking: In Shelton, the State submitted into evidence a minute entry that stated the judge “gave the defendant his rights” and a “Waiver of Constitutional Rights/Plea of Guilty Form” (“the form”).
State of Louisiana v. Rodriqus Harris La. Ct. App. 2d Cir. 2019
State v. Ford 275 So. 3d 404 La. Ct. App. 1st Cir. 2019
State v. Shelton , , 779 (La.
State of Louisiana Versus Derrick A. Ford, Jr. La. Ct. App. 5th Cir. 2019
State v. Degregory 274 So. 3d 902 La. Ct. App. 1st Cir. 2019
The district court found that the State failed to prove, pursuant to State v. Shelton , (La.
State v. Parker 259 So. 3d 1112 La. Ct. App. 1st Cir. 2018
The Supreme Court adopted a , 779-80 (La.
State v. Howard 258 So. 3d 66 La. Ct. App. 1st Cir. 2018
State v. Shelton , , 779 (La.
State of Louisiana v. Allen Joseph Morehead La. Ct. App. 3d Cir. 2018
State v. Morehead 239 So. 3d 330 La. Ct. App. 1st Cir. 2018
State of Louisiana v. Curtis Cheley La. Ct. App. 3d Cir. 2018
State v. Cheley 237 So. 3d 58 La. Ct. App. 1st Cir. 2018
State v. Shelton , , 775 (La.1993).
State v. Harris 235 So. 3d 1354 La. Ct. App. 5th Cir. 2017
State v. Granier 228 So. 3d 756 La. Ct. App. 1st Cir. 2017
State v. Spikes 228 So. 3d 201 La. Ct. App. 1st Cir. 2017
State v. Casaday 223 So. 3d 108 La. Ct. App. 2d Cir. 2017
State of Louisiana v. Kennon Richard AKA Kennan Richard La. Ct. App. 3d Cir. 2017
-80 (La.1993) (footnotes omitted).
State v. Richard 216 So. 3d 1128 La. Ct. App. 1st Cir. 2017
-80 (La.1993) (footnotes omitted).
State v. Garrison 215 So. 3d 333 La. Ct. App. 1st Cir. 2017
-780 (La.1993): If the defendant denies the allegations of the [habitual offender] bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
State v. Stock 212 So. 3d 1268 La. Ct. App. 1st Cir. 2017
State v. Hickman 207 So. 3d 500 La. Ct. App. 1st Cir. 2016
Hall , 14-1046, p. 4, 172 So.3d at 64 , (La.
State v. Ross 207 So. 3d 511 La. Ct. App. 1st Cir. 2016
State v. Thomas 204 So. 3d 650 La. Ct. App. 1st Cir. 2016
The Hall Court further stated: Our Supreme Court adopted a that has been summarized as follows: If the defendant denies the multiple offender allegations then the burden is on the State to prove (1) the existence of a prior guilty plea, and (2) that defendant was represented by counsel when the plea was taken.
State v. Williams 199 So. 3d 1205 La. Ct. App. 1st Cir. 2016
-80 (La.1993) set forth the framework for addressing a defendant’s challenge to a predicate guilty plea in a multiple offender proceeding: If the defendant denies the allegations of the bill of information, the burden is on the State to-prove the existence of the prior guilty pleas and that defendant was represent
State v. Bell 197 So. 3d 358 La. Ct. App. 1st Cir. 2016
4 Cir. 10/30/13) , (-780 (La.1993)).
State v. Small 189 So. 3d 1129 La. Ct. App. 2d Cir. 2016
-80 (La.1993), as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
State v. Ferguson 181 So. 3d 120 La. Ct. App. 1st Cir. 2015
State v. Boyd 171 So. 3d 1250 La. Ct. App. 1st Cir. 2015
Carlos, 738 So.2d at 559
State v. Hall 172 So. 3d 61 La. Ct. App. 1st Cir. 2015
Our Supreme Court adopted a that has been summarized as follows: If the defendant denies the multiple offender allegations then the burden is on the State to prove (1) the existence of a prior guilty plea, and (2) that defendant was represented by counsel when the plea was taken.
State v. Easter 170 So. 3d 1051 La. Ct. App. 1st Cir. 2015
In State v. Carlos, 1998-1366 (La.7/7/99), , the Louisiana Supreme | are applicable to multiple-offense DWI cases.
State v. Jones 165 So. 3d 217 La. Ct. App. 1st Cir. 2015
art. 302(3) (“A |8‘presumption’ is an inference created by legislation that the trier of fact must draw if it finds the existence of the predicate fact unless the trier of fact is persuaded by evidence of the nonexistence of the fact to be inferred.”); (A “presumption of regularity ...
State v. Roland 162 So. 3d 558 La. Ct. App. 2d Cir. 2015
as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
State v. Ellison 168 So. 3d 862 La. Ct. App. 1st Cir. 2015
Defendant further contends that the plea form and the minute entry pertaining to that conviction were not sufficient to meet the State’s because the trial judge at the time made no reference at all to that plea form during the colloquy.
State v. Ellison 186 So. 3d 634 La. 2015
Although defendant carried his burden of producing affirmative evidence showing a procedural irregularity in the taking of the plea, see generally, the trial court did not err in weighing the evidence submitted by the defendant and by the State to determine that the State met its burden of proving that defendant’s prior guilty plea was informed and voluntary, and made with ah articulated waiver of the three Boykin rights.
State v. Flores 167 So. 3d 801 La. Ct. App. 1st Cir. 2014
• the Louisiana Supreme Court addressed the burden of proving prior guilty pleas in a multiple offender proceeding: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when
State v. Castillo 167 So. 3d 624 La. Ct. App. 1st Cir. 2014
When the State relies on a prior conviction that is based on a guilty plea to prove the defendant’s habitual offender status and the defendant denies the habitual offender bill, the State’s
State v. Williams 151 So. 3d 76 La. Ct. App. 1st Cir. 2014
State v. Watkins 146 So. 3d 294 La. Ct. App. 1st Cir. 2014
-780 (La.1998): |2filf the defendant denies the allegations of the [habitual offender] bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
State v. Hager 148 So. 3d 615 La. Ct. App. 1st Cir. 2014
-80 (La.1993); State v. Thomas, 06-654, p. 7 (La.App.
State v. Price 140 So. 3d 1212 La. Ct. App. 2d Cir. 2014
the Louisiana Supreme Court discussed the state’s burden of proof in a habitual offender proceeding as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when t