State v. Benoit
State v. Benoit, 508 So. 2d 207 (La. Ct. App. 1st Cir. 1987).
Cited by
- Bay v. Jefferson Parish Public Schools 218 So. 3d 207 La. Ct. App. 1st Cir. 2017
- TALYOR v. JC Penney 959 So. 2d 549 La. Ct. App. 4th Cir. 2007
- Hollingsworth v. E. Baton Rouge Parish Sch. Bd. 666 So. 2d 376 La. Ct. App. 1st Cir. 1995
- Miller v. City of New Orleans 665 So. 2d 1293 La. Ct. App. 4th Cir. 1995
- Guidroz v. Lewis 626 So. 2d 736 La. Ct. App. 5th Cir. 1993
Opinion text
WRIT GRANTED AND MADE PEREMPTORY: The defendant’s conviction and sentence are vacated and set aside. A defendant may not be deprived of his liberty as a result of any criminal prosecution in which he was denied the assistance of counsel, absent a knowing and intelligent waiver of counsel. Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). In this case, defendant was entitled to be represented by counsel and as the record fails to reflect a knowing and intelligent waiver of counsel, the trial judge erred in proceeding to trial against the unrepresented defendant. Accordingly, the case is remanded to the district court for further proceedings in accordance with the law.