Denson v. Frazier

The state failed to show that Denson knowingly, intelligently and voluntarily waved his right against self-incrimination.

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In 2005, Rodney Denson pled guilty to aggravated assault with a deadly weapon against his wife, possession of a firearm during the commission of a felony, and cruelty to children in the first degree and nolo contendere to a charge of aggravated assault with a deadly weapon against his stepdaughter. He was sentenced to 22 years in prison followed by 13 years on probation. In 2007, he filed a petition for writ of habeas corpus alleging a violation of Boykin v. Alabama .1 Following an evidentiary hearing, the habeas court denied the petition. We granted Denson’s application for a certificate of probable cause to appeal and directed the parties to brief the following question: “Whether the habeas court erred in finding that extrinsic evidence showed that petitioner was informed that a guilty plea waives his privilege against self-incrimination, a Boykin v. Alabama , 395 U.S. 238 1969, right.” We now reverse. On November 22, 2004, Denson, a middle school assistant principal in the Fulton County school system, brutally attacked his wife, elementary school teacher Elletta Lynette Bailey, and his 16-year-old stepchild. Denson shot Bailey six times and threatened to shoot his stepdaughter, forcing her to cower on the floor begging for her life. Bailey survived, but she was severely injured in the attack and incurred tens of thousands of dollars in medical bills. It is doubtful she will ever fully recover.

Shortly after he committed the crimes, Denson called several friends and confessed to them that he had just shot his wife. He subsequently pled guilty to aggravated assault with a deadly weapon against Bailey, possession of a firearm during the commission of a felony, and cruelty to children in the first degree. He pled nolo contendere to a charge of aggravated assault with a deadly weapon against his stepdaughter. Following an evidentiary hearing, the trial court accepted Denson’s plea, and on December 1, 2005, the trial court sentenced him to 22 years in prison and an additional 13 years on probation following his release.

Denson v. Frazier

The state failed to show that Denson knowingly, intelligently and voluntarily waved his right against self-incrimination.

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