Cited by
Opinions in Louisiana that cite State v. Shelton, 621 So. 2d 769.
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State v. Short
725 So. 2d 23
La. Ct. App. 4th Cir. 1998
the legislature amended La.
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State v. Carter
712 So. 2d 701
La. Ct. App. 5th Cir. 1998
App. 5 Cir. 11/16/94), , writ denied, 94-3076 (La.4/7/95), , [4] , this Court summarized the burdens of proof during a multiple offender proceeding 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 t
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State v. Scamardo
708 So. 2d 1126
La. Ct. App. 5th Cir. 1998
517 , 121 L.Ed.2d 391 , the Louisiana Supreme Court adopted a
- State v. Newman 707 So. 2d 122 La. Ct. App. 3d Cir. 1998
- State v. Evans 702 So. 2d 1148 La. Ct. App. 3d Cir. 1997
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State v. Winfrey
703 So. 2d 63
La. Ct. App. 5th Cir. 1997
517 , 121 L.Ed.2d 391 , [15] the Louisiana Supreme Court adopted a
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State v. Jones
700 So. 2d 1034
La. Ct. App. 2d Cir. 1997
set forth the burden of proof in a habitual offender proceeding.
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State v. Ignot
701 So. 2d 1001
La. Ct. App. 2d Cir. 1997
-780 , (La.1993), the supreme court set forth the scheme for assigning the burden of proof in habitual offender proceedings: 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
- State v. Jones 696 So. 2d 240 La. Ct. App. 3d Cir. 1997
- State v. Raymond 695 So. 2d 1039 La. Ct. App. 5th Cir. 1997
- State v. Lamison 692 So. 2d 1057 La. 1997
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State v. Stewart
712 So. 2d 106
La. Ct. App. 2d Cir. 1997
might be read to require that the minute entry reflect the presence of counsel, the decision did not address that fact setting, did not overrule Martin , and expressly affirmed the holding in Holden .
- State v. Lamison 694 So. 2d 984 La. Ct. App. 1st Cir. 1997
- State v. Stepp 686 So. 2d 76 La. Ct. App. 2d Cir. 1996
- State v. Joseph 685 So. 2d 237 La. Ct. App. 5th Cir. 1996
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State v. Armstrong
683 So. 2d 1261
La. Ct. App. 1st Cir. 1996
(La.1993) for his contention that when the state proves the existence of prior guilty pleas, it must affirmatively show the defendant knowingly and voluntarily waived his rights.
- State v. Lassere 683 So. 2d 812 La. Ct. App. 5th Cir. 1996
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State v. Cossee
678 So. 2d 72
La. Ct. App. 4th Cir. 1996
the Louisiana Legislature Gamended La.R.S.
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State v. Cooper
678 So. 2d 59
La. Ct. App. 3d Cir. 1996
: 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.
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State v. Denomes
674 So. 2d 465
La. Ct. App. 1st Cir. 1996
In assignment four, defendant contends the trial court erred in adjudicating him a third felony offender and, in particular, as to the 1986 California predicate guilty plea.
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State v. Robinson
665 So. 2d 451
La. Ct. App. 5th Cir. 1995
the Louisiana Supreme Court revised the scheme of allocating burdens of proof regarding a guilty plea to a predicate offense.
- State v. Johnson 664 So. 2d 141 La. Ct. App. 1st Cir. 1995
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State v. Lorio
662 So. 2d 128
La. Ct. App. 4th Cir. 1995
the Louisiana Legislature amended La.R.S.
- State v. Taylor 656 So. 2d 722 La. Ct. App. 5th Cir. 1995
- State v. Stewart 656 So. 2d 677 La. Ct. App. 2d Cir. 1995
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State v. Morris
645 So. 2d 1295
La. Ct. App. 4th Cir. 1994
Recently, the Louisiana Supreme Court revised the scheme of allocating burdens of proof in habitual offender proceedings to relieve some of the burden from the prosecution and to allow a presumption of regularity to final convictions used in habitual offender hearings.
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State v. Conrad
646 So. 2d 1062
La. Ct. App. 5th Cir. 1994
ANALYSISISSUE TWO In addressing the final issue, we note the Louisiana Supreme Court, (La.
- State v. Wheeler 644 So. 2d 1089 La. Ct. App. 1st Cir. 1994
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State v. Chapman
643 So. 2d 394
La. Ct. App. 3d Cir. 1994
the Supreme Court addressed the question of whether the State submitted sufficient proof of a prior felony conviction in an habitual offender proceeding.
- State v. Camp 641 So. 2d 702 La. Ct. App. 4th Cir. 1994
- State v. Abbott 634 So. 2d 911 La. Ct. App. 4th Cir. 1994
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State v. Bridges
632 So. 2d 844
La. Ct. App. 1st Cir. 1994
to determine whether defendant’s prior guilty plea was informed and voluntary, and made with an articulated waiver of the three Boykin rights.
- State v. Carter 630 So. 2d 926 La. Ct. App. 4th Cir. 1993
- State v. Ruiz 630 So. 2d 897 La. Ct. App. 4th Cir. 1993
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State v. Bridges
629 So. 2d 1156
La. 1993
Granted and remanded to the Fourth Circuit, Court of Appeal
- State v. Windham 630 So. 2d 688 La. 1993
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State v. Cittadino
628 So. 2d 251
La. Ct. App. 5th Cir. 1993
which set forth a revised scheme concerning the burden of proof required in habitual offender proceedings.
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State v. Johnson
624 So. 2d 1207
La. 1993
This case is remanded to the trial court to conduct a (1993).
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State v. Stewart
624 So. 2d 1207
La. 1993
This case is remanded to the trial court to conduct a (1993).
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State v. Hoffman
624 So. 2d 1208
La. 1993
Case remanded to the court of appeal to reconsider the use of defendant’s guilty plea in #248-089(J) as a
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State v. Jeffers
623 So. 2d 882
La. Ct. App. 2d Cir. 1993
The state, in its application for rehearing, submits that our ruling is incorrect under the recent supreme court decision