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Criminal Procedure Keyed to Miller
State v. Landour Bouie
Citation:
817 So. 2d 48 (La. 2002)Facts
Bouie (defendant) was charged with attempted second-degree murder. He initially wanted to go to trial and believed he was innocent, insisting that he did not know his co-defendant planned to shoot the victim. The trial judge informed Bouie that if he went to trial and were found guilty, he would be sentenced to between 50 to 100 years of hard labor because he was on probation at the time of the offense. If Bouie pleaded guilty, however, the judge would sentence him between 10 and 25 years. The judge went on to say that the odds were not in Bouie’s favor because, in his 16 years as a prosecutor and a judge, he had only seen two people found not guilty in felony trials. Bouie then agreed to plead guilty, and the judge accepted the guilty plea. Before sentencing, Bouie moved to withdraw his plea, claiming that he was under extreme emotional stress when he entered the plea. The judge denied the motion.
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Topic Resources
Topic Outline
Pretrial Procedures