Dutton v. Willis
| Decision Date | 09 March 1967 |
| Docket Number | No. 23961,23961 |
| Parties | A. L. DUTTON, Warden v. Wallace WILLIS. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The failure to furnish counsel to one convicted of a criminal offense at the hearing to revoke his probation does not violate his right to counsel under either the federal or the state Constitution.
Arthur K. Bolton, Atty. Gen., Atlanta, B. Daniel Dubberly, Jr., Deputy Asst. Atty. Gen., Glennville, G. Ernest Tidwell, Executive Asst. Atty. Gen., Carter A. Setliff, Asst. Atty. Gen., Atlanta, for appellant.
Wallace Willis, pro se.
Under this appeal we review the trial court's order discharging the appellee from the custody of the appellant, Warden of the Georgia State Prison.
The case as made by the petition for the writ of habeas corpus and the evidence adduced at the hearing is that: on November 5, 1962, in Fulton Superior Court, the appellee pleaded guilty to a charge of burglary and was sentenced to a term of '10 to 20 years, to serve 2 years and balance probated'; subsequently, appellee was placed on probation; in July of 1966 on petition of a probation officer and order of a Judge of Fulton Superior Court, appellee was brought before a judge of that court charged with not reporting to the probation officer, at which time appellee's probation was revoked and he was returned to the state prison to serve the balance of his sentence. Appellee contends that such revocation was void because he was denied legal counsel at the hearing revoking his probation in violation of the Bill of Rights provision of the federal and state Constitutions.
On the habeas corpus hearing appellee testified he was not represented by an attorney at the revocation hearing though he requested one. The trial judge ordered the appellee's discharge on the ground that he 'did not have legal counsel to represent him during the hearing at which his suspended (probated) (sic) sentence was revoked.' In so ruling the court erred.
The sixth amendment to the federal Constitution grants to the accused in all criminal cases the assistance of counsel for his defense. Art I Sec. I Par. V of the Georgia Constitution (Code Ann. § 2-105) gives to every person charged with any offense against the laws of Georgia the privilege and benefit of counsel.
The Statewide Probation Act of 1956 as amended by the Act of 1966 (Ga.L.1966, p. 440) provides, ...
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In re Rollins
...implicate double jeopardy concerns because a sentence of conditional liberty has already been imposed. See generally Dutton v. Willis, 223 Ga. 209, 154 S.E.2d 221 (1967); Jonas v. Wainwright, 779 F.2d 1576 (11th Cir.), cert. denied, 479 U.S. 830, 107 S.Ct. 115, 93 L.Ed.2d 62 (1986). Althoug......
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Skidgell v. State
...to conclude in Allen and Oliver, as many other courts have held, that a hearing on revocation is not a criminal trial. Dutton v. Willis, 223 Ga. 209, 154 S.E.2d 221 (1967); Ex Parte Levi, 39 Cal.2d 41, 244 P.2d 403 (1952); Kennedy v. Maxwell, 176 Ohio St. 215, 198 N.W.2d 658, 659 The crimin......
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Brown v. Holland, 26903
...right to representation by counsel. See Simmons v. Georgia Iron & Coal Co., 117 Ga. 305(1), 43 S.E. 780, (61 L.R.A. 739); Dutton v. Willis, 223 Ga. 209, 154 S.E.2d 221; and Hatfield v. Bailleaux, 290 F.2d 632 (9 Cir.).' Cash v. Smith, 226 Ga. 318(3), 175 S.E.2d 10. See also Chadwick v. Smit......
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Thornton v. State, 53A05-0212-CR-595.
...defendant during the probation period has conformed to the terms and conditions outlined in the order of probation. Dutton v. Willis, 223 Ga. 209, 211, 154 S.E.2d 221, 223; Scott v. State, 131 Ga.App. 504, 206 S.E.2d 137. The Fifth Amendment prohibition against putting any person twice in j......