Opinion
No. 91-KH-1072.
May 8, 1992. Reconsideration Denied June 26, 1992.
In re: Harris, Clyde Jr.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge, 19th Judicial District court Div. "H", Number 3-81-262, 9-81-223, 11-81-137.
Denied.
CALOGERO, C.J., would grant relator an evidentiary hearing. State v. Warren, 402 So.2d 662 (La. 1981) commands that we do so!
DENNIS, J., would grant the relator an evidentiary hearing for the state to establish that he knowingly and intelligently waived his right to a jury trial. It is undisputed that relator was not informed of his right to jury trial by the trial court before he entered his plea. I am disturbed and concerned that the majority of this Court seems to be ignoring and refusing to follow previous decisions of this court without disclosing the new rule of law that is being applied.