State v. Carter

Initially, we are asked to decide whether the decision in Henderson v. Morgan (1976), 426 U. S. 637, should be given retroactive effect to the cause now before this court.

The state argues that Henderson, swpra, should not be applied retroactively to a guilty plea that was taken in 1972. The effect of its argument is that Henderson represents a new constitutional rule of law which overrules earlier decisions concerning voluntary guilty pleas. The state argues further that to apply the new requirements presented in Henderson, supra, would upset the effective administration of justice and…