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390 So. 2d 520

State v. Virgil

Supreme Court of Louisiana

Decided November 10, 1980

Supreme Court of Louisiana · decided 1980-11-10

Cited by 5 later decisions — most recently October 2017

5 state decisions

Relies on Lewis v. United States · 382 So. 2d 933 - State v. Martin

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-10

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MARCUS, Justice

¶1(concurring).

¶2Although I agree with the majority that defendant was properly “Boykinized” in the instant ease, I find it unnecessary to reach that issue as I consider State v. Martin, 382 So.2d 933 (La.1980), which allowed a “collateral attack” of the predicate conviction when defendant was charged and convicted of La.R.S. 14:95.1, should be overruled in view of the United States Supreme Court decision of Lewis v. United States, 445 U.S. 55, 100 S.Ct. 915, 63 L.Ed.2d 198 (1980). Accordingly, I respectfully concur.

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