Clark v. Caldwell, 27362
| Decision Date | 10 October 1972 |
| Docket Number | No. 27362,27362 |
| Citation | 229 Ga. 612,193 S.E.2d 816 |
| Parties | Lora CLARK v. E. B. CALDWELL. |
| Court | Georgia Supreme Court |
Lora Clark, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, W. Hensell Harris, Jr., Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Clark, petitioner in habeas corpus, appeals an order remanding him to custody following a hearing. He is held under a sentence imposed on November 19, 1968, pursuant to his plea of guilty to three counts of robbery. Held:
Although the record before us is silent as to any transcript of the action taken by the trial judge in receiving the guilty plea, the trial antedates the decision in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), which is not applied retroactively. Laidler v. Smith, 227 Ga. 759, 182 S.E.2d 891. A valid plea of guilty waives all known or unknown defenses. Snell v. Smith, 228 Ga. 249, 250, 184 S.E.2d 645. The habeas corpus judge as the trior of fact was authorized to determine from the evidence adduced at the hearing that the petitioner, contrary to his contentions and testimony, voluntarily pleaded guilty and submitted himself to the trial judge for sentencing with a full awareness of his rights and with the assistance of competent and experienced counsel who was present with him, and that the trial judge took action to insure that he was acting voluntarily and knowingly. The appeal is without merit.
Judgment affirmed.
All the Justices concur.
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Nazario v. State
...quotation marks omitted); and the other says that “[a] valid plea of guilty waives all known or unknown defenses,” Clark v. Caldwell, 229 Ga. 612, 612, 193 S.E.2d 816 (1972). Smith and Clark are both habeas corpus cases, not direct appeals from guilty pleas, and neither case involved a merg......
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...432 U.S. at 166, 97 S.Ct. 2221. Relying on U.S. v. Broce, 488 U.S. 563, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989) and Clark v. Caldwell, 229 Ga. 612, 193 S.E.2d 816 (1972), the habeas court reached the conclusion that Gerisch's entry of the guilty plea to aggravated battery waived consideration......
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Clark v. Hopper, 73-3689 Summary Calendar.
...counts of armed robbery on which he received concurrent sentences. State habeas relief had theretofore been denied. Clark v. Caldwell, 229 Ga. 612, 193 S.E.2d 816 (1972). There was a full evidentiary hearing in the state habeas court and the district court concluded that the state records w......