Balkcom v. Gardner, 22590
| Decision Date | 15 October 1964 |
| Docket Number | No. 22590,22590 |
| Citation | 139 S.E.2d 129,220 Ga. 352 |
| Parties | R. P. BALKCOM, Jr. v. Harry A. GARDNER, Jr. |
| Court | Georgia Supreme Court |
Syllabus by the Court
1. The evidence as to whether petitioner was denied legal counsel being in sharp conflict, it cannot be said that the trial judge abused his discretion in resolving the issue against the contention of the respondent.
2. The trial court was without authority to enter an order providing that the petitioner receive credit in event of his subsequent convictions for the offenses under which he was presently held.
Eugene Cook, Atty. Gen., Albert Sidney Johnson, Peyton S. Hawes, Jr., F. Douglas King, Asst. Attys. Gen., Atlanta, B. Daniel Dubberly, Jr., Deputy Asst. Atty. Gen., Glennville, for plaintiff in error.
No appearance for defendant in error.
Harry A. Gardner, Jr., in his petition for the writ of habeas corpus, sought his release from the custody of R. P. Balkcom, Jr., Warden of the State penitentiary. He alleged that on February 1, 1962, he plead guilty to several accusations charging him with burglary in the Superior Courts of Warren, McDuffie and Lincoln Counties; that the sentences were void for the reason he was denied the benefit of counsel in violation of his rights under the Federal and State Constitutions.
On the hearing the petitioner testified that: The Solicitor General of the Toombs Judicial Circuit testified that: 'he was personally present in his official capacity at the time pleas of guilty were entered in the superior Courts of Warren and Lincoln Counties by Harry A. Gardner, Jr.; that Harry A. Gardner, Jr., did not request counsel to be afforded him, intelligently and voluntarily signed his plea of guilty and waived a jury trial personally; said Harry A. Gardner, Jr., did not request a jury trial on the issues, as he had confessed the crimes for which he was sentenced and was not denied counsel.' Certified copies of the records of these courts,...
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Whippler v. Balkcom, 21726.
...has guarded this right with singular zeal. For habeas corpus cases holding judgments void for denial of counsel, see: Balkcom v. Gardner, 1964, 220 Ga. 352, 139 S.E.2d 129; Balkcom v. Williams, 1964, 220 Ga. 363, 138 S.E.2d 875; Balkcom v. Vickers, 1964, 220 Ga. 345, 138 S.E.2d 868; Hunsuck......
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Tucker v. State
...v. Koloski, 4 Ohio St.2d 76, 212 N.E.2d 601; and Jack v. Raines, Okl., 373 P.2d 271. The only cases cited contra are Balkcom v. Gardner, 220 Ga. 352, 139 S.E.2d 129, and Balkcom v. Vickers, 220 Ga. 345, 138 S.E.2d 868, in each of which a divided court refused to reverse the trial court's fi......
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Dutton v. Mims, 24125
...194 Ga. 58, 20 S.E.2d 572; Fair v. Balkcom, 216 Ga. 721, 119 S.E.2d 691; Balkcom v. Turner, 217 Ga. 610, 123 S.E.2d 918; Balkcom v. Gardner, 220 Ga. 352, 139 S.E.2d 129; Balkcom v. Vickers, 220 Ga. 345, 138 S.E.2d Judgment affirmed. All the Justices concur. ...