256 So. 2d 638 | La. | 1972
Lead Opinion
In re: Andrew C. Bakke applying for writs of certiorari, mandamus and habeas corpus.
feeling that the record clearly shows non-compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 in accepting the plea of guilty and that the State Courts cannot default in their obligation to follow constitutional guidelines binding on all American Courts — and that to do so can only cause disruption in efficient administration of criminal justice by our State Courts due to the Federal post-conviction hearings which will necessarily ensue and cause the absence in Federal forums of state judges and prosecutors where they will be mere witnesses.
Dissenting Opinion
(dissenting from refusal to grant writs).
The only inquiry addressed to the relator of knowledge and waiver of constitutional rights in entering his guilty plea was as follows: “Do you realize that by entering a plea of guilty, you waive your right to a trial by jury and your right to appeal ?”
Writs were granted in State ex rel. Jackson v. Henderson for the express purpose of allowing this court to consider, with the
I respectfully dissent from the refusal to grant the writ.
. The latter part of this instruction is erroneous since the right to appeal is not in fact waived by pleading guilty. See C.Cr. P. Arts. 912, 934(3), and 871, and State v. Coats, 260 La. 64, 255 So.2d 75.
. Relator makes factual allegations of incompetent counsel under which, if left uncontroverted, he was in fact without counsel of such capacity as to fulfill the requirements of the Sixth Amendment of the United States Constitution and Article 1, Section 9, of the Louisiana Constitution. The writ must be granted on this showing so that an evidentiary hearing can be had as required by Code of Criminal Procedure Article 354, even if the plea be not set aside on the Boykin issue.