94-K-1173 Precedential Processed

State v. Lapoint

Louisiana Supreme Court · Filed September 23, 1994 · 642 So. 2d 1304

Cited by

State v. Jackson 129 So. 3d 520 La. 2013
State v. Harris 980 So. 2d 174 La. Ct. App. 2d Cir. 2008
State v. Dick 951 So. 2d 124 La. 2007
State v. Mayeux 820 So. 2d 526 La. 2002
State v. Rivers 817 So. 2d 216 La. Ct. App. 5th Cir. 2002
State v. Sugasti 802 So. 2d 943 La. Ct. App. 5th Cir. 2001
State v. Castaneda 658 So. 2d 297 La. Ct. App. 1st Cir. 1995

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Andrasi 343 So. 2d 175
State v. Baudoin 334 So. 2d 186

Opinion text

642 So.2d 1304 (1994) STATE of Louisiana v. Rodney LAPOINT. No. 94-K-1173. Supreme Court of Louisiana. September 23, 1994. Granted. The judgment of the district court is vacated and this case is remanded for purposes of allowing the relator to withdraw his guilty plea entered under North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970). The state's discovery responses inadvertently misled relator with regard to the strength of its case by listing two witnesses allegedly prepared to implicate him in the death of the victim, one of whom would later recant his statements and deny any knowledge of the offense. To the extent that relator continued to assert his innocence even as he pleaded guilty based on his appreciation of the evidence against him, and then moved to withdraw his plea before sentence in light of the changing circumstances which no longer substantially negated his claim of innocence, the district court abused its discretion by denying relator the opportunity to withdraw his plea and forego the advantages of the plea bargain for trial, although relator may not have been entitled to that relief as a matter of constitutional right. La.C.Cr.P. art. 559; see State v. Andrasi, 343 So.2d 175 (La.1977); State v. Baudoin, 334 So.2d 186 (La.1976). DENNIS, J., not on panel.