Barksdale v. Ricketts

Citation233 Ga. 60,209 S.E.2d 631
Decision Date17 October 1974
Docket NumberNo. 29231,29231
PartiesMelvin BARKSDALE v. James G. RICKETTS.
CourtSupreme Court of Georgia

Melvin Barksdale, pro se.

Arthur K. Bolton, Atty. Gen., Atlanta, Larry H. Evans, Griffin, for appellee.

Syllabus Opinion by the Court

HALL, Justice.

In this appeal from the denial of his pro se habeas corpus petition by the Butts County Superior Court following a hearing, Melvin Barksdale attacks the 1973 entry of his guilty plea to a charge of theft by taking a tool box and contents of the value of $800. He contends that his appointed attorney was ineffective and that his plea was not voluntarily and intelligently entered. The record reflects that his admitted colleagues in this admitted crime were James Lamar McCrary and Michael Wayne McCrary, who entered their pleas of guilty simultaneously with the entry of Barksdale's in the same proceedings, and whose appeals from the denial of their habeas corpus petitions raising several of the legal and factual issues raised here, have recently been affirmed by this court in, respectively, McCrary v. Ricketts, 232 Ga. 890, 209 S.E.2d 148 and McCrary v. Ricketts, Ga. (No. 29227, decided Oct. 8, 1974).

Barksdale's contentions that his appointed attorney did not appear with him at the entry of his plea and sentence, and that he was charged with and pleaded guilty to a misdemeanor rather than a felony for which he was sentenced to five years, are without merit for the reasons discussed in McCrary v. Ricketts, 232 Ga. 890, 209 S.E.2d 148.

The record contains a transcript of the entry of the plea which shows that he acknowledged in answer to the court's questions that he understood the following: the charges against him; that he had a right to jury trial, a right against self-incrimination and a right to subpoena witnesses; that sentence would be entered on his plea; and that a guilty plea was an admission of guilt. His answers also showed that a lawyer had conferred with him and explained his rights, that no one had promised anything or threatened him with anything to induce the guilty plea (this question in various forms was asked three times); that he understood that a guilty plea waived a right to appeal trial errors; and that he admitted his actual guilt. Barksdale individually signed a questionnaire answering 'Yes' to each of nine questions, including questions whether an attorney had explained his rights; whether he knew that a guilty plea waived his rights; and whether he had a full understanding of the range of punishment. His attorney signed as witness to his signature to the questionnaire.

On the basis of this record the superior court was authorized to find that Barksdale's contentions that he did not understand the possible range of punishment and that his attorney did not explain his rights, were without merit. On the questionnaire he admitted these things and the superior court is not required to believe his present assertions to the contrary. McIntyre v. Balkcom, 229 Ga. 81, 189 S.E.2d 445; see Sims v. Smith, 228 Ga. 136, 184 S.E.2d 347.

His contention that he never waived indictment by a grand jury was refuted by his own testimony at the hearing on his petition to the effect that his attorney told him he could go before the grand jury but would probably receive a lighter sentence if he entered a guilty plea.

The superior court was authorized by the record to find that his attorney effectively represented him notwithstanding the alleged fact that the attorney only conferred with him for three or four minutes prior to the decision to plead guilty. O'Neal v....

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17 cases
  • Hughes v. Malone
    • United States
    • United States Court of Appeals (Georgia)
    • June 22, 1978
    ...a defendant states on the record that his plea was not induced, he will not later be heard to claim the contrary. Barksdale v. Ricketts,233 Ga. 60, 61-62, 209 S.E.2d 631. We are here confronted, as we view it, with the disgruntled complaint of a disappointed but guilty client who received a......
  • Waye v. State, 32489
    • United States
    • Supreme Court of Georgia
    • October 21, 1977 authorize the court's findings that the appellant's plea was voluntarily, freely and intelligently entered. See Barksdale v. Ricketts, 233 Ga. 60, 61, 209 S.E.2d 631 (1974). Further, the trial court did not err when it found that the appellant's previous counsel was effective. His previo......
  • Seagraves v. State
    • United States
    • United States Court of Appeals (Georgia)
    • October 31, 2016
    ...Court has held that there is no federal or state constitutional right to allocution upon entry of a guilty plea. Barksdale v. Ricketts , 233 Ga. 60, 61, 209 S.E.2d 631 (1974). Seagraves does attempt to distinguish Barksdale , but the state declines to rely on it—noting that Seagraves' guilt......
  • Logan v. State
    • United States
    • Supreme Court of Georgia
    • February 13, 1987
    ...trial court was also entitled to rely upon the appellant's statements at the entry of his original guilty plea. See Barksdale v. Ricketts, 233 Ga. 60, 209 S.E.2d 631 (1974); Hughes v. Malone, 146 Ga.App. 341, 347, 247 S.E.2d 107 Judgment affirmed. All the Justices concur. ...
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