Gay v. Balkcom
| Decision Date | 10 January 1964 |
| Docket Number | No. 22267,22267 |
| Parties | Grover A. GAY v. R. P. BALKCOM, Jr., Warden. |
| Court | Georgia Supreme Court |
Robert L. Cork, Valdosta, for plaintiff in error.
Eugene Cook, Atty. Gen., William L. Grayson, Asst. Atty. Gen., Atlanta, B. Daniel Dubberly, Jr., Deputy Asst. Atty. Gen., Glennville, for defendant in error.
Syllabus Opinion by the Court
In a habeas corpus hearing there is a presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279, Mathis v. Scott, 199 Ga. 743, 744(1), 35 S.E.2d 285, Stanforth v. Balkcom, 217 Ga. 816, 125 S.E.2d 505, and the burden is upon the prisoner to overcome this presumption. His petition alleges he was denied due process and right of counsel, and he was not informed of his right of trial by jury, copy of accusation, list of witnesses and of grand jury indictment; and his conviction was invalid because he was not informed of his rights before signing a waiver, and he 'did not understand what he was doing.' The evidence at the hearing, at most, was conflicting in that the prisoner testified that he was denied the right of defense counsel and not informed of his rights before signing a waiver of trial by jury and waiver of receiving a copy of the accusation, the list of witnesses and of grand jury indictment, whereas, the testimony of the solicitor general is that 'he had been advised of his constitutional rights prior to this entry of plea of guilty by Judge George R. Lilly and that he was not denied legal counsel and * * * a certified copy of the criminal warrant, accusation * * *' etc. The evidence and pleadings fail to show or allege that the applicant was unable to employ counsel or that he desired or made any request for counsel, or that the court declined to appoint counsel to represent him. Accordingly, the court did not err in remanding custody to the warden. Bradford v. Mills, 208 Ga. 198, 66 S.E.2d 58, and citations. The case of Fair v. Balkcom, 216 Ga. 721, 119 S.E.2d 691, differs on its facts from the present one, and is not applicable.
Judgment affirmed.
All the Justices concur.
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...of the judgment, and it was understood that the petitioner bore the burden of overcoming the presumption. See, e.g., Gay v. Balkcom, 219 Ga. 554, 554, 134 S.E.2d 600 (1964) ; Stanforth v. Balkcom, 217 Ga. 816, 816, 125 S.E.2d 505 (1962) ; Solesbee v. Balkcom, 207 Ga. 352, 353(1), 61 S.E.2d ......
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...court convicting the prisoner was well founded, . . . and the burden is upon the prisoner to overcome this presumption.' Gay v. Balkcom, 219 Ga. 554, 134 S.E.2d 600; Beavers v. Smith, 227 Ga. 344, 348, 180 S.E.2d 717. The court was under no obligation to assist the appellant in overcoming t......
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