DocketDrift

Real-time tracking of state judicial trends.

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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite In re Smith, 405 So. 2d 506.

62 citing documents.

  • State v. Granier 178 So. 3d 1106 La. Ct. App. 1st Cir. 2015
  • State v. Tatten 116 So. 3d 843 La. Ct. App. 1st Cir. 2013
    defendant argued his sentencing as an habitual offender must be set aside due to the State’s failure to prove at the habitual offender hearing Boykinization of the prior guilty plea.
  • State of Louisiana v. Frederick James Collette La. Ct. App. 3d Cir. 2007
    umption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who 4 were previously under [State v.] Lewis[, ] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [State v.] Tucker[, ] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Hebert 838 So. 2d 30 La. Ct. App. 5th Cir. 2002
  • State v. Robinson 780 So. 2d 1213 La. Ct. App. 2d Cir. 2001
    that this new procedure will not only give appropriate significance to the presumption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who were previously under [ State v. ] Lewis [ (1979)] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [ State v. ] Tucker [ (1981) ] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Everett 770 So. 2d 466 La. Ct. App. 4th Cir. 2000
  • State v. Bush 733 So. 2d 49 La. Ct. App. 2d Cir. 1999
  • State v. Landry 711 So. 2d 853 La. Ct. App. 3d Cir. 1998
  • State v. Johnson 713 So. 2d 579 La. Ct. App. 4th Cir. 1998
    App. 4th Cir.1984), this Court, found that a well executed waiver of rights form could be used in conjunction with a transcript of the colloquy to prove that the defendant knowingly and voluntarily waived his rights.
  • State v. Evans 702 So. 2d 1148 La. Ct. App. 3d Cir. 1997
  • State v. Jones 696 So. 2d 240 La. Ct. App. 3d Cir. 1997
  • State v. Marcoux 691 So. 2d 775 La. Ct. App. 1st Cir. 1997
  • State v. Tucker 682 So. 2d 261 La. Ct. App. 4th Cir. 1996
  • State v. Cooper 678 So. 2d 59 La. Ct. App. 3d Cir. 1996
    is new procedure will not only give appropriate significance to the presumption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who were previously under [ State v. ] Lewis [, ] [(La.1979)] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [ State v. ] Tucker [ ] [La.1981] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Deroche 674 So. 2d 291 La. Ct. App. 1st Cir. 1996
  • State v. Johnson 666 So. 2d 1137 La. Ct. App. 3d Cir. 1995
  • Distinguished State v. Dejean 694 So. 2d 284 La. Ct. App. 5th Cir. 1995
    where, in the context of a multiple offender proceeding, the court held that a minute entry concerning an abbreviated colloquy along with a well executed waiver of rights form signed by defendant, his attorney, and the trial judge constituted a sufficient affirmative showing in the record that defendant kno
  • State v. Soraparu 649 So. 2d 1100 La. Ct. App. 4th Cir. 1995
  • State v. Camp 641 So. 2d 702 La. Ct. App. 4th Cir. 1994
    hat this new procedure will not only give appropriate significance to the presumption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who were previously under [ State v.] Lewis [ ] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [ State v.] Tucker [ ] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Abbott 634 So. 2d 911 La. Ct. App. 4th Cir. 1994
    te that this new procedure will not only give appropriate significance to the presumption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who were previously under [ ] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [ ] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Carter 630 So. 2d 926 La. Ct. App. 4th Cir. 1993
    at this new procedure will not only give appropriate significance to the presumption of regularity which attaches to judgments of conviction which have become final, but will also provide an advantage to defendants who were previously under [ State v. Lewis, 367 *] unable to introduce any extra-record evidence and whose guilty pleas were heretofore under [ ] found constitutionally valid by mere proof of a minute entry and a guilty plea form.
  • State v. Robair 622 So. 2d 829 La. Ct. App. 4th Cir. 1993
  • State v. Shelton 621 So. 2d 769 La. 1993
    defendant argued his sentencing as an habitual offender must be set aside due to the State's failure to prove at the habitual offender hearing Boykinization of the prior guilty plea.
  • State v. Stemley 618 So. 2d 455 La. Ct. App. 4th Cir. 1993
  • State v. Morgan 604 So. 2d 719 La. Ct. App. 1st Cir. 1992
  • State v. Martin 599 So. 2d 422 La. Ct. App. 4th Cir. 1992
  • State v. Smith 591 So. 2d 413 La. Ct. App. 1st Cir. 1991
  • State v. Noel 585 So. 2d 652 La. Ct. App. 4th Cir. 1991
  • State v. Riley 581 So. 2d 1077 La. Ct. App. 1st Cir. 1991
  • State v. Lewis 557 So. 2d 1019 La. Ct. App. 1st Cir. 1990
  • State v. Mims 552 So. 2d 664 La. Ct. App. 2d Cir. 1989
    The use of such a printed form as evidence, by itself, of the knowing and voluntary nature of a
  • State v. Malmay 548 So. 2d 71 La. Ct. App. 3d Cir. 1989
  • State v. Beard 547 So. 2d 7 La. Ct. App. 4th Cir. 1989
    a guilty plea form and minute entry were introduced at the multiple bill hearing.
  • State v. Thompson 539 So. 2d 1008 La. Ct. App. 4th Cir. 1989
  • State v. Verrett 536 So. 2d 808 La. Ct. App. 1st Cir. 1988
    In its sole assignment of error, the State submits that the trial court was “overtech-nical” in its application of the “strictures” when it failed to “give effect to” the testimony of the Clerk of City Court of Morgan City in its determination of whether or not defendant had been adequately advised of his constitutional rights in each of the two prior convictions.
  • State v. Johnson 533 So. 2d 1288 La. Ct. App. 3d Cir. 1988
  • State v. Wilkerson 533 So. 2d 136 La. Ct. App. 1st Cir. 1988
    for the proposition that a “plea of guilty” form is properly considered by the trial court to determine whether or not the defendant has been *138 adequately informed of his rights.
  • State v. Conley 531 So. 2d 1101 La. Ct. App. 1st Cir. 1988
    the Supreme Court found there was a valid waiver at a multiple offender hearing as to a predicate offense when the State at the multiple offender hearing introduced only the minute entry and the defendant’s guilty plea form.
  • State v. Fairley 525 So. 2d 588 La. Ct. App. 3d Cir. 1988
  • State v. Kelly 524 So. 2d 123 La. Ct. App. 4th Cir. 1988
  • State v. Mims 524 So. 2d 526 La. Ct. App. 2d Cir. 1988
    State v. Bazile, supra ; (La.App.
  • State v. Boissiere 523 So. 2d 5 La. Ct. App. 1st Cir. 1988
  • State v. Jones 516 So. 2d 396 La. Ct. App. 5th Cir. 1987
  • State v. Battista 517 So. 2d 1096 La. Ct. App. 3d Cir. 1987
  • State v. Alexander 503 So. 2d 782 La. Ct. App. 3d Cir. 1987
  • State v. Payton 490 So. 2d 554 La. Ct. App. 4th Cir. 1986
    This court, held that the record sufficiently showed that the defendant "knowingly, intelligently, and voluntarily waived his constitutional privilege against self-incrimination".
  • State v. Graham 486 So. 2d 1139 La. Ct. App. 2d Cir. 1986
  • State v. Williams 483 So. 2d 626 La. Ct. App. 1st Cir. 1986
    the Supreme Court stated: “While it is preferable for the trial judge to conduct a colloquy with the defendant to ascertain the validity of the plea, such a colloquy may not be indispensable, as long as the record contains some other affirmative showing to support the plea.” the Supreme Court found that a minute entry concerning an abbreviated plea colloquy along with a well executed waiver of rights form constituted a sufficient showing of a valid Boykin waiver.
  • State v. Junegain 478 So. 2d 542 La. Ct. App. 4th Cir. 1985
  • State v. Rome 469 So. 2d 1150 La. Ct. App. 4th Cir. 1985
    the Supreme Court held that a minute entry together with a waiver of rights form signed by the defendant, his attorney, and the trial judge is sufficient.