Home/Supreme Court of Georgia/Huff v. Barnett

Huff v. Barnett

197 S.E.2d 345, 230 Ga. 446, 1973 Ga. LEXIS 944
CourtSupreme Court of Georgia
DecidedApril 13, 1973
Docket27798
StatusPublished
Cited by26 cases

This text of 197 S.E.2d 345 (Huff v. Barnett) 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
Huff v. Barnett, 197 S.E.2d 345, 230 Ga. 446, 1973 Ga. LEXIS 944 (Ga. 1973).

Opinions

Undercofler, Justice.

This is a habeas corpus proceeding. The issue here is whether the trial court may accept a guilty plea without first addressing the defendant personally and determining that the plea is made voluntarily with an understanding of the nature of the charge and consequences of the plea and entering the same of record for any review that may be later sought. Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274). In the instant case it was stipulated that the trial court gave no precautionary instruction of any kind to the defendant at the time the guilty plea in issue here was entered. The habeas corpus judge granted the petition and vacated the guilty plea and sentence thereon. Held:

We reverse the habeas corpus court. The record in that court shows that the defendant in the trial court was represented by counsel who advised her of all of her rights and the consequences of entering a guilty plea, after which she elected to enter the plea. This evidence was not refuted by the petitioner. The evidence shows that the plea was voluntarily and knowingly entered. Therefore, the trial judge’s failure to question the petitioner and to make a record thereof was harmless. Laidler v. Smith, 227 Ga. 759 (2) (182 SE2d 891); Purvis v. Connell, 227 Ga. 764, 767 (182 SE2d 892); Grant v. Ault, 228 Ga. 864 (188 SE2d 799); Williams v. Caldwell, 229 Ga. 453 (1) (192 SE2d 378).

Judgment reversed.

All the Justices concur, except Gunter, J., who dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roper v. State
541 S.E.2d 130 (Court of Appeals of Georgia, 2000)
Clowers v. Sikes
532 S.E.2d 98 (Supreme Court of Georgia, 2000)
Parks v. McClung
524 S.E.2d 718 (Supreme Court of Georgia, 1999)
Lewis v. State
382 S.E.2d 207 (Court of Appeals of Georgia, 1989)
Dean v. State
338 S.E.2d 711 (Court of Appeals of Georgia, 1985)
Goss v. State
288 S.E.2d 253 (Court of Appeals of Georgia, 1982)
State v. Germany
265 S.E.2d 13 (Supreme Court of Georgia, 1980)
Harrell v. State
243 S.E.2d 611 (Court of Appeals of Georgia, 1978)
Wright v. State
237 S.E.2d 714 (Court of Appeals of Georgia, 1977)
Andrews v. State
226 S.E.2d 597 (Supreme Court of Georgia, 1976)
Roberts v. Greenway
211 S.E.2d 764 (Supreme Court of Georgia, 1975)
Ballard v. State
207 S.E.2d 246 (Court of Appeals of Georgia, 1974)
Bailey v. Baker
205 S.E.2d 278 (Supreme Court of Georgia, 1974)
Sims v. Caldwell
202 S.E.2d 70 (Supreme Court of Georgia, 1973)
Huff v. Barnett
197 S.E.2d 345 (Supreme Court of Georgia, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
197 S.E.2d 345, 230 Ga. 446, 1973 Ga. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huff-v-barnett-ga-1973.