Legal Opinion · Concurrence

State v. Johnson

Supreme Court of Louisiana

Decided January 25, 1972No. 51372Published

1ConcurrenceSummers, Justice

In my view the Boykin issue was properly presented and this Court should have overruled State ex rel. Jackson v. Henderson, 260 La. 90, 255 So.2d 85 (1971), insofar as it seeks to establish the Boykin standards and makes them obligatory on Louisiana Courts.

Though not forthrightly, the majority opinion properly overrules State ex rel. Jackson v. Henderson and interprets the rule announced in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), when the Court states that defendant did not properly present the Boykin issue for there was no contention by defendant that “the…

2Cases cited52 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Jackson v. DennoSupreme Court of the United States · 1964
  5. Santobello v. New YorkSupreme Court of the United States · 1971

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