Allen v. Thomas

161 F.3d 667, 1998 U.S. App. LEXIS 29966, 1998 WL 812366
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 24, 1998
Docket96-9050
StatusPublished
Cited by28 cases

This text of 161 F.3d 667 (Allen v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Thomas, 161 F.3d 667, 1998 U.S. App. LEXIS 29966, 1998 WL 812366 (11th Cir. 1998).

Opinions

CARNES, Circuit Judge:

This case presents the question of whether appellant Jody Allen waived his right to seek federal habeas corpus review of his state court conviction when, as part of a plea bargain, he agreed not to seek “parole, commutation of his sentence, reprieve, or any other form of relief from life imprisonment.” Because we conclude that Allen did not thereby knowingly and intelligently waive his right to seek federal habeas corpus review of his conviction, we reverse the district court’s judgment and remand for consideration of Allen’s petition.

I. BACKGROUND

In 1984, Jody Allen and co-conspirator Goss Brooks kidnapped, robbed, and murdered George and Euclid Airead. After the grand jury of McDuffie County, Georgia indicted Allen for two counts each of kidnapping, armed robbery, and murder, the district attorney announced his intention to seek the death penalty in the case.

Seeking to save Allen’s life, his court-appointed attorneys began discussions with the district attorney about the possibility of a plea bargain for a lesser sentence. The district attorney rejected their proposal that Allen plead guilty in exchange for a sentence of life imprisonment. At that time Georgia law did not provide for a sentence of life imprisonment without the possibility of parole, and the district attorney was reluctant to agree to any sentence which left open the possibility of Allen being released. After additional negotiation, the two sides eventually entered into a written plea agreement designed to spare Allen’s life and resolve the district attorney’s concern about him getting out of prison. The plea agreement was drafted by Allen’s attorneys.

In essence, the plea agreement provided that the State would not seek the death penalty in the case, but would instead recommend a life sentence as to each count against Allen. In return, Allen agreed not only to plead guilty but also to waive the right to pursue at least some forms of relief from his sentence. In that regard, the plea agreement stated as follows:

Jody Edward Allen agrees that he will never apply, orally or in writing for parole, commutation of his sentence, reprieve, or any other form of relief from life imprisonment. He understands this means he will be sentenced to serve the remainder of his natural life in the penitentiary.
In consideration of the State waiving the death penalty, Jody Edward Allen also hereby gives up his right to ask for the Superior Court Sentence Review Panel to review any sentence imposed upon him. He hereby states that the sentence of life [669]*669imprisonment for his participation in the criminal acts is not excessive.

The plea agreement authorized the district attorney and his successors “to enforce this contract by specific performance or injunc-tive relief at any time during the lifetime of Jody Edward Allen,” and stated that Allen had entered into the contract “with full awareness of what he was doing, and he will not later attempt to rescind or revoke it.” It is undisputed, however, that Allen was never advised by his attorneys, or anyone else, that he was waiving his right to seek federal habeas relief from his conviction or sentence, or that he even knewhe had a right to seek such relief.

On February 14,1985, the McDuffie County court accepted the plea agreement, entered judgment accordingly, and sentenced Allen to six consecutive life sentences. Allen did not file a direct appeal. Eight years later, however, he filed an application for a state writ of habeas corpus, raising numerous claims relating to his conviction and sentence. The state habeas court held that Allen had waived his right to state habeas corpus review by entering into the plea agreement. Furthermore, the court concluded that such a waiver was constitutionally permissible, because “there is no federal bar to a defendant in a non-capital case waiving his right to [state] habeas corpus review.”

The Georgia Supreme Court affirmed that decision, reasoning that Allen’s waiver of his right to seek state habeas relief “is constitutional[,] enforceable[, and] does not contravene public policy.” Allen v. Thomas, 265 Ga. 518, 519, 458 S.E.2d 107, 107 (1995). Although the court acknowledged that “[t]he defendant can challenge the validity of the agreement via [state] habeas corpus” by contesting “the knowing and voluntary nature of the agreement,” Allen, 265 Ga. at 519, 458 S.E.2d at 108, it concluded that Allen had entered into the agreement “knowingly, intelligently, voluntarily, and with the able assistance of counsel.” Id. at 520, 458 S.E.2d at 108. Thus, it held that “Allen is bound by the agreement and ... cannot seek relief from his life sentence. Id. at 520, 458 S.E.2d at 108. Two dissenting justices disagreed, stating that such a waiver was not permissible under state law. See id. at 520-23, 458 S.E.2d at 108-110.

On January 20, 1994, Allen filed a petition pursuant to 28 U.S.C. § 2254, seeking federal habeas corpus relief1 and claiming 1) the state trial court lacked jurisdiction and venue over the kidnapping and armed robbery charges; 2) the indictment was defective; 3) his guilty plea was not knowingly, intelligently, and voluntarily entered; and 4) his counsel was ineffective. The magistrate judge issued a report and recommendation that did not reach the substantive allegations of Allen’s petition, but instead concluded that Allen had waived his right to seek federal habeas relief by entering into the plea agreement.

The magistrate judge reasoned that permitting waiver of the federal habeas remedy as part of a plea bargain did not contravene any federal constitutional or statutory provision or public policy. Although he stated that such a waiver must be knowing, intelligent, voluntary, and made with effective assistance of counsel, the magistrate judge found that all of those requirements had been satisfied. The district court judge adopted the report and recommendation, and denied Allen’s federal habeas petition. Allen appeals that denial.

II. DISCUSSION

Because there are no published decisions addressing plea-bargained waivers of the right to seek federal habeas corpus review, we draw upon decisions involving waiver of other rights. There are a multitude of decisions involving waiver of the right to counsel, none of which is more often cited for the definition of a valid waiver than Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). There, the Supreme Court held that “[a] waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege.” Id. at 464, 58 S.Ct. at [670]*6701023. In Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962), another waiver of counsel case, the Court elaborated on Johnson, stating that: “Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which shows, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.”

In Boykin v. Alabama,

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Cite This Page — Counsel Stack

Bluebook (online)
161 F.3d 667, 1998 U.S. App. LEXIS 29966, 1998 WL 812366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-thomas-ca11-1998.