Legal Opinion

State Ex Rel. Miller v. Whitley

Supreme Court of Louisiana

Decided April 2, 1993No. 92-KP-2733PublishedCited by 14 opinions

1Opinion of the Court

615 So.2d 1335 (1993)

STATE ex rel. James MILLER, Jr.

v.

John WHITLEY, Warden.

No. 92-KP-2733.

Supreme Court of Louisiana.

April 2, 1993.

Rehearing Denied April 30, 1993.

2Per curiam

Granted. Relator's guilty pleas are vacated and his sentences set aside; this case is remanded to the district court for further proceedings in accord with the law.

A plea of guilty will not be set aside upon a defendant's unfulfilled expectation of gaining release as early as possible. State ex rel. Turner v. Maggio, 463 So.2d 1304, 1306 (La.1985). However, if a guilty plea is induced by a plea bargain, or by what a defendant…

3Cases cited7 opinions

  1. State v. JonesSupreme Court of Louisiana · 1981
  2. State v. DixonSupreme Court of Louisiana · 1984
  3. State Ex Rel. LaFleur v. DonnellySupreme Court of Louisiana · 1982
  4. State v. GallianoSupreme Court of Louisiana · 1981
  5. State v. HayesSupreme Court of Louisiana · 1982

2 more not listed; retrieve them via the Exa API.

4Cited by14 opinions

  1. State v. PerrillouxLouisiana Court of Appeal · 2000
  2. State v. GuzmanLouisiana Court of Appeal · 1995
  3. State v. BellLouisiana Court of Appeal · 2001
  4. State v. DavisLouisiana Court of Appeal · 2006
  5. State v. WalkerLouisiana Court of Appeal · 1994

9 more not listed; retrieve them via the Exa API.

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