Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Pullium v. State

The state failed to prove that the defendant knowingly, intelligently and voluntarily pled guilty to criminal attempt to commit burglary in 1971 where the 1-page record did not show that he was advised of his constitutional rights.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

James Ronald Pullium petitioned for a writ of habeas corpus, contending that guilty pleas he entered in 1960 for robbery and in 1971 for criminal attempt to commit burglary do not pass constitutional scrutiny. The habeas court agreed with respect to the 1960 plea, but held that the 1971 plea was knowingly and voluntarily entered. This Court granted Pullium’s application for a certificate of probable cause to appeal. After reviewing the record, we conclude that the 1971 plea was also constitutionally invalid, and therefore reverse the habeas court’s denial of relief. Pullium is currently serving a federal sentence for a 1992 bank robbery in Tennessee. Pullium’s 1971 conviction, entered on his guilty plea, is being used to enhance his federal sentence. The only record that remains from 1971 is a one-page pre-printed waiver form with typewritten answers, plus the trial judge’s attestation of that form. Although the form indicates that Pullium waived certain rights, it nowhere indicates that he was advised of, and waived, the three constitutional rights required for a valid guilty plea: the right against compulsory self-incrimination, the right to a trial by jury, and the right to confront his accusers.1 Accordingly, the State has not met its burden of showing that Pullium knowingly, intelligently, and voluntarily entered his guilty plea, and thus his 1971 conviction must be vacated.2

Judgment reversed . All the Justices concur .

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs