Hawes v. State

The guilty plea transcript showed that the defendant was not apprised of and thus did not intelligently and voluntarily waive his privilege against compulsory self-incrimination.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted a certificate of probable cause to review the denial of James Huston Hawes’s petition for writ of habeas corpus. For the reasons that follow, we reverse. Appellant was charged with statutory rape, enticing a child for indecent purposes and contributing to the delinquency of a minor. At a hearing on June 22, 2004, at which appellant was represented by two attorneys, he stipulated to the factual basis for the charges and agreed to plead guilty to all three charges in exchange for a five-year sentence, of which all but 60 to 90 days was to be probated, as well as a $2,500 fine and certain other conditions. Appellant subsequently filed this habeas petition, a review of which reveals that the only meritorious claim was his assertion that his guilty plea was not knowingly and voluntarily entered.1

As this Court recently reiterated in Beckworth v. State , 281 Ga. 41 635 SE2d 769 2006, “the entry of a guilty plea involves the waiver of three federal constitutional rights: the privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers. Cit.” Cit. It is the duty of a trial court to establish that the defendant understands the constitutional rights being waived, and the record must reveal the defendant’s waiver of those constitutional rights. Boykin v. Alabama , 395 U.S. 238, 243 89 SC 1709, 23 LE2d 274 1969. Once a petition in a habeas proceeding challenges the validity of a guilty plea, the State has the burden to demonstrate that the plea was voluntarily, knowingly and intelligently made. Cit. The State can accomplish this by ” ‘showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or adding to a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.’ Cit.” Cit. Id. at 42.

Hawes v. State

The guilty plea transcript showed that the defendant was not apprised of and thus did not intelligently and voluntarily waive his privilege against compulsory self-incrimination.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report