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
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements