Public-domain · open source
OpenJurist

524 So. 2d 272

State v. R.J.B.

Louisiana Court of Appeal

Decided April 18, 1988

Louisiana Court of Appeal · decided 1988-04-18

Relies on State v. St. Pierre · 490 So. 2d 273 - State v. Broussard

Decided 1988-04-18

GAUDIN, Judge.

¶1On November 28, 1984, Robert J. Benoit Jr. entered into a stipulation regarding child support. The juvenile judge then issued an order in accord with LSA-R.S. 14:75.

¶2Subsequently, Benoit moved to set aside the stipulation and to quash all orders therefrom, relying on State v. Broussard, 490 So.2d 273 (La.1986). The juvenile judge denied Benoit’s motions, resulting in this appeal.

¶3In Broussard, the Supreme Court of Louisiana reversed a contempt conviction because the appellant had not been advised of his Boykin rights before entering into the same kind of stipulation Benoit had entered into in 1984.

¶4At issue now is whether Broussardshould be given retroactive effect. In State v. St. Pierre, 515 So.2d 769 (La.1987), the Louisiana Supreme Court stated:

"... we hold that the extension of Boy-kin applies only in those cases where R.S. 14:75 stipulations either were entered after the effective date of our judgment in Broussard, or were the subject of a direct appeal which was pending on that date.”

¶5The juvenile judge, accordingly, was procedurally correct in refusing to void Be-noit’s pre-Brou^sard stipulation, which was not the subject of a direct appeal.

¶6The record reflects that Benoit was represented by counsel on November 28, 1984 when the support stipulation was entered into. Benoit then agreed, after a pre-trial conference and after consultation with his attorney, to pay $400.00 per month for the care and maintenance of his minor children.

¶7For these reasons, we affirm the juvenile court judgment denying Benoit’s motions.

¶8AFFIRMED.

/524/so2d/272 · .json · Public domain