¶1WRIT GRANTED AND MADE PEREMPTORY: The defendant’s conviction and sentence are vacated and set aside. A defendant may not be deprived of his liberty as a result of any criminal prosecution in which he was denied the assistance of counsel, absent a knowing and intelligent waiver of counsel. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). In this case, defendant was entitled to be represented by counsel and as the record fails to reflect a knowing and intelligent waiver of counsel, the trial judge erred in proceeding to trial against the unrepresented defendant. Accordingly, the case is remanded to the district court for further proceedings in accordance with the law.
508 So. 2d 207
State v. Benoit
Decided May 22, 1987
Louisiana Court of Appeal · decided 1987-05-22
Relies on Argersinger v. Hamlin
Good law ✅— No negative treatment on recordhow we know
Decided 1987-05-22
How this case has been cited
Cited by 5 later decisions — most recently April 2017
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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