Dutton v. Parker
| Decision Date | 22 September 1966 |
| Docket Number | No. 23687,23687 |
| Parties | A. L. DUTTON, Warden v. Philip E. PARKER. |
| Court | Georgia Supreme Court |
Arthur K. Bolton, Atty. Gen., Carter A. Setliff, Asst. Atty. Gen., Atlanta, B. Daniel Dubberly, Deputy Asst. Atty. Gen., Glennville, Joel M. Feldman, Atlanta, for appellant.
No appearance for appellee.
Syllabus Opinion by the Court
Philip E. Parker was indicted in Dooley County for burglary and on four separate charges of simple larceny. Mr. Carl Savage, an attorney, was appointed to represent him in each of the cases. After conferring with the accused, he entered pleas of guilty to all of the charges for which applicant was indicted. The pleas were entered on August 16, 1965 and the accused was sentenced to serve a term of three years on the burglary charge and a term of one year on each of the other four charges, all to run concurrently.
On May 9, 1966, Parker brought habeas corpus against A. L. Dutton, Warden of the Reidsville State Prison, in which he alleged that the sentences imposed upon him were illegal and void because the court-appointed attorney who represented him and filed his pleas of guilty failed to render him effective legal assistance. On the hearing of the writ, applicant offered no evidence in support of his petition except his own testimony, and the trial judge sustained the writ and remanded him to the authorities of Dooley County for another trial on each of the five indictments. The appeal is from that judgment. Held:
There is a presumption in favor of the validity of sentences and this is especially true where, as here, they are based on pleas of guilty. Code § 38-114; Stanforth v. Balkcom, 217 Ga. 816, 125 S.E.2d 505. And the burden of overcoming this presumption in a habeas corpus proceeding is upon the prisoner. Gay v. Balkcom, 219 Ga. 554, 134 S.E.2d 600.
In the present case the prisoner testified that he did not authorize his attorney to enter pleas of guilty for him. No other evidence was offered which supports or tends to support his application for release. It was unanimously held by this court in Archer v. Clark, 202 Ga. 229(1), 231, 42 S.E.2d 924, 925, that: ...
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Lejeune v. McLaughlin
...based upon a plea of guilty, the burden of overcoming this presumption is upon the prisoner.” (Citation omitted.)); Dutton v. Parker, 222 Ga. 532, 533, 150 S.E.2d 833 (1966) (“There is a presumption in favor of the validity of sentences and this is especially true where, as here, they are b......
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Byrd v. Shaffer
...conviction and sentence entered on his guilty plea. See Sharpe v. Smith, 225 Ga. 52, 54(6), 165 S.E.2d 656 (1969); Dutton v. Parker, 222 Ga. 532, 533, 150 S.E.2d 833 (1966). To the extent that Roberts, Purvis, or any other case misconstrues Boykin as authority for requiring the habeas respo......
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Phillips v. Smith, Civ. A. No. 2398.
...overcome the presumption in favor of the validity of the sentences, citing Cobb v. Dutton, 222 Ga. 11, 148 S.E.2d 399 and Dutton v. Parker, 222 Ga. 532, 150 S.E.2d 833. 3 On April 26, 1969, in response to an inquiry by this Court, a letter was received from the Clerk of the Tattnall Superio......
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Moye v. Hopper
...in a habeas corpus proceeding is upon the prisoner. Code § 38-114; Gay v. Balkcom, 219 Ga. 554, 134 S.E.2d 600; Dutton v. Parker, 222 Ga. 532, 150 S.E.2d 833; Caldwell v. Beard, 232 Ga. 701, 208 S.E.2d 564. 5. The appellant contends that the trial court erred in failing to appoint counsel f......