Legal Opinion
State v. Payton
Louisiana Court of Appeal
Decided January 11, 2005No. 04-KA-1024PublishedCited by 8 opinions
1Opinion of the Court
J^WALTER J. ROTHSCHILD, Judge.
On January 31, 2003, the Jefferson Parish District Attorney filed a bill of information charging defendant, Carl Payton, with operating a vehicle while intoxicated (DWI), third offense, in violation of LSA-R.S. 14:98(D). Defendant was arraigned on May 20, 2003, and pled not guilty.
On December 19, 2003, defendant filed a Motion to Quash, arguing that one of the predicate DWI convictions alleged in the bill of information was invalid. Specifically, defendant complained that he was not properly “boykinized” prior to his 1994 guilty plea to first offense DWI. The…
2Cases cited12 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- State v. OliveauxSupreme Court of Louisiana · 1975
- State v. WeilandLouisiana Court of Appeal · 1990
- Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
- Copenhaver v. John Bonura & Co.Louisiana Court of Appeal · 1925
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. E.J.M.Louisiana Court of Appeal · 2013
- State v. DominoLouisiana Court of Appeal · 2011
- State v. BoudreauxLouisiana Court of Appeal · 2013
- State v. EllisonLouisiana Court of Appeal · 2015
- State v. MendozaLouisiana Court of Appeal · 2013
3 more not listed; retrieve them via the Exa API.