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Wilson v. Kemp

The defendant was not informed that his guilty plea to voluntary manslaughter waived his privilege against compulsory self-incrimination.

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We granted Milton Wilson a certificate of probable cause to appeal the denial of his petition for habeas corpus in which he challenged the validity of his guilty plea on the basis, inter alia, that it was not entered voluntarily. We reverse because the plea hearing transcript shows that Wilson was not informed that a guilty plea waives his privilege against compulsory self-incrimination. See Boykin v. Alabama, 395 U.S. 238 89 SC 1709, 23 LE2d 274 1969.

Wilson pled guilty to voluntary manslaughter at a mass guilty plea hearing on February 7, 2005. The transcript of the plea hearing reveals that Wilson, along with nearly 20 other defendants, heard the trial court initiate the proceedings by asking if they understood that each defendant was presumed to be innocent. Upon obtaining their affirmative replies, the trial court then stated Let me also tell you that you have a right to remain silent thereby not giving any evidence against yourselves; however, if you want to proceed and dispose of your case by pleading guilty, I need for you to answer my questions out loud. We have a tape recorder going and a court reporter that’s taking down what I say and takes down your responses to my questions and statements. Do ya’ll sic understand that The transcript reflects that the trial court accepted Wilson’s guilty plea without otherwise addressing the right against compulsory self-incrimination.

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