Cromer v. Allen

Supreme Court of Georgia

Cromer v. Allen

228 S.E.2d 795, 237 Ga. 384, 1976 Ga. LEXIS 1238

CourtSupreme Court of Georgia

DecidedSeptember 7, 1976

Docket31076

StatusPublished

Cited by1 cases

This text of 228 S.E.2d 795 (Cromer v. Allen) 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

Cromer v. Allen, 228 S.E.2d 795, 237 Ga. 384, 1976 Ga. LEXIS 1238 (Ga. 1976).

Pincite

Opinion

Gunter, Justice.

This court granted a probable cause application to appeal a habeas judgment that was adverse to the prisoner.

Appellant contends here that he was not accorded an appeal to this court from his conviction for murder, that he was an indigent at the time of his conviction and could not employ appellate counsel, that this fact was communicated to his appointed trial counsel, and that he did not voluntarily and intelligently waive his right to an appeal.

We have reviewed the record and transcript, and pursuant to this court’s decision in Thornton v. Ault, 233 Ga. 172 (210 SE2d 683) (1974), we conclude that there was not an intelligent and voluntary waiver by the appellant of his right to appeal to this court from his conviction and sentence.

Therefore, the habeas judgment below is vacated with direction that the appellant be accorded an out-of-time appeal.

Judgment vacated with direction.

All the Justices concur.

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