# State Ex Rel. Jackson v. Henderson

> Supreme Court of Louisiana · November 23, 1971 · 260 La. 90

URL: https://www.frixlaw.com/law-library/cases/9687408

## Case

- **Full name:** STATE of Louisiana Ex Rel. Lester JACKSON, Jr. v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** November 23, 1971
- **Citations:** 260 La. 90; 255 So. 2d 85; 1971 La. LEXIS 3844
- **Precedential status:** Published
- **Opinion:** Concurrence by Summers
- **Judges:** Tate, Summers
- **Cited by:** 238 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687408

## Opinion text

SUMMERS, Justice
(concurring).
By footnote reference to dissents in State ex rel. Thompson v. Henderson, 258 La. 548, 246 . So.2d 859 (1971), the author of the opinion seems to say without saying so that a written record is required to be made of the waiver of constitutional rights referred to in Boykin v. Alabama, 395 U.S. 238, 242 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969), at the time of the waiver.
It is, of course, clear that a written record of the waiver at the time it is given is the preferable procedure. However, I do not agree with the view that the failure to make this record at the time of the waiver in itself invalidates a plea in which the advice concerning constitutional rights is otherwise given in accordance with the rule of the Boykin Case.
When the Boykin Court declared that waiver could not be presumed from a silent record it did not imply that a failure to record the circumstances of the waiver would invalidate the guilty plea, nor did this statement preclude a showing that the waiver was in fact voluntarily made as 'required by Boykin.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687408. Public record. Not legal advice.