State v. Henderson

Supreme Court of Louisiana

Decided October 4, 1985

Supreme Court of Louisiana · decided 1985-10-04

Cited by 2 later decisions — most recently December 1988

2 state decisions

Key passage — most relied on by later courts

“Unless properly notified by the Court that defendant must appear personally ‘his presence is not essential’ C.Cr.P. art. 834 and may be waived in any proceeding designated in C.Cr.P. art. 834. Henderson, supra at 1098.”

quoted by 1 later decision, including State v. McClintock

Relies on 471 So. 2d 958 - State v. Henderson

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-04

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¶1In re Henderson, Barbara et al.; Reli-ford, Robert; applying for writ of certiora-ri and/or review, writ of prohibition and mandamus; to the Court of Appeal, Second Circuit, Nos. 17178-KW, 17179-KW; Parish of Caddo, 1st Judicial District Court, Div. “E”, Nos. 128-979, 129-262.

¶2Prior report: La.App., 471 So.2d 958.

¶3Writ granted. The Court of Appeal decision is reversed. Unless properly notified by the Court that defendant must appear personally “his presence is not essential” C.Cr.P. art. 834 and may be waived in any proceeding designated in C.Cr.P. art. 834. Bench warrants and bond forfeitures are set aside and the bond is reinstated.