Sanders v. Holder

The defendant's guilty plea, which was used to enhance a subsequent federal sentence, was not voluntarily, knowingly and intelligently entered.

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In 1989, appellant Mark Sanders pled guilty to violations of the Georgia Controlled Substances Act. Sanders is now in prison on federal convictions and he filed a petition for habeas corpus relief in October 2006 when he discovered the 1989 conviction would be used to enhance his federal sentence. In his petition, Sanders alleged that his 1989 plea was invalid because, among other things, he was not advised of the constitutional rights he would be waiving by pleading guilty. In November 2006, the habeas court issued a scheduling order setting dates for both parties to file briefs and submit evidence. The scheduling order also set the habeas hearing for March 1, 2007, and specifically instructed as follows: “Attendance at the hearing is entirely Petitioner’s own responsibility. Rickett v. State , 276 Ga. 609 581 SE2d 32 2003. If Petitioner is not present at the hearing, this matter will be decided solely upon the record.” Appellant did not submit a brief or evidence in response to the scheduling order; however, the State did respond by filing a brief and submitting the 1989 plea hearing transcript as evidence. Because appellant did not appear for the habeas hearing, the habeas court based its decision solely on the record1 and it determined appellant’s 1989 plea was voluntarily, knowingly and intelligently made.

We granted appellant’s certificate for probable cause, posing the following question: Whether the habeas court erred in finding that the plea hearing transcript showed that appellant was informed that a guilty plea waives his privilege against self-incrimination. Boykin v. Alabama , 395 U.S. 238 89 SC 1709, 23 LE2d 274 1969. We answer the question in the affirmative and reverse.

Sanders v. Holder

The defendant's guilty plea, which was used to enhance a subsequent federal sentence, was not voluntarily, knowingly and intelligently entered.

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