Allen v. Hopper

Supreme Court of Georgia

Allen v. Hopper

214 S.E.2d 508, 234 Ga. 52, 1975 Ga. LEXIS 1009

CourtSupreme Court of Georgia

DecidedMarch 17, 1975

Docket29731

StatusPublished

Cited by2 cases

This text of 214 S.E.2d 508 (Allen v. Hopper) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Hopper, 214 S.E.2d 508, 234 Ga. 52, 1975 Ga. LEXIS 1009 (Ga. 1975).

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Opinion

Per curiam.

The appeal in this case arises from the remand of Freddie Lee Allen to custody after a hearing in a habeas [53]*53corpus proceeding. The habeas corpus court concluded that the petitioner’s court-appointed attorney had advised Allen prior to the trial of his right to appeal in the event he should be convicted, that after the conviction such attorney told Allen that he would consider an appeal and if he concluded an appeal would be meritorious that he would contact him; and that such attorney subsequently decided since there were no errors committed during the trial an appeal should not be pursued. The habeas corpus court then, relying upon cases since disapproved in the decision in Holloway v. Hopper, 233 Ga. 615, held that the responsibility to determine whether to appeal rests upon counsel.

Submitted March 10, 1975 Decided March 17, 1975 Rehearing denied March 27, 1975. Thomas W. West, for appellant.

Under the decision in Holloway v. Hopper, supra, the judgment of the habeas corpus court must be reversed and remanded with direction that the convicting court enter an order providing for the appointment of counsel for an appeal in the original conviction to be filed and prosecuted at this time.

Judgment reversed with direction.

All the Justices concur, except Nichols, C. J., and Undercofler, P. J., who dissent.

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Per curiam.

The appeal in this case arises from the remand of Freddie Lee Allen to custody after a hearing in a habeas [53]*53corpus proceeding. The habeas corpus court concluded that the petitioner’s court-appointed attorney had advised Allen prior to the trial of his right to appeal in the event he should be convicted, that after the conviction such attorney told Allen that he would consider an appeal and if he concluded an appeal would be meritorious that he would contact him; and that such attorney subsequently decided since there were no errors committed during the trial an appeal should not be pursued. The habeas corpus court then, relying upon cases since disapproved in the decision in Holloway v. Hopper, 233 Ga. 615, held that the responsibility to determine whether to appeal rests upon counsel.

Submitted March 10, 1975 Decided March 17, 1975 Rehearing denied March 27, 1975. Thomas W. West, for appellant.

Under the decision in Holloway v. Hopper, supra, the judgment of the habeas corpus court must be reversed and remanded with direction that the convicting court enter an order providing for the appointment of counsel for an appeal in the original conviction to be filed and prosecuted at this time.

Judgment reversed with direction.

All the Justices concur, except Nichols, C. J., and Undercofler, P. J., who dissent.

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Bluebook (online)

214 S.E.2d 508, 234 Ga. 52, 1975 Ga. LEXIS 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-hopper-ga-1975.

Opinion

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