Knight v. Balkcom, 22291
| Decision Date | 22 January 1964 |
| Docket Number | No. 22291,22291 |
| Parties | Herman Ludson KNIGHT v. R. P. BALKCOM, Jr., Warden. |
| Court | Georgia Supreme Court |
Herman L. Knight, pro se.
Eugene Cook, Atty. Gen., Howard P. Wallace, William L. Grayson, Asst. Attys. Gen., Atlanta, B. Daniel Dubberly, Deputy Asst. Atty. Gen., Glennville, for defendant in error.
Syllabus Opinion by the Court
This case is controlled adversely to the plaintiff in error by the ruling of this court in Gay v. Balkcom, 219 Ga. ----, 134 S.E.2d 600, in that it is a habeas corpus case by a prisoner alleging that he was denied the benefit of counsel at the time he pled guilty to a felony for which he could be electrocuted. The evidence shows that he was offered counsel and refused to accept same, stating that he was going to plead guilty and did not need a lawyer, and none of the evidence shows that he desired counsel, made any request for counsel, was unable to employ counsel, or that the trial court declined to appoint counsel to represent him. Nor is this case coupled with lack of time so as to result in a denial of his constitutional rights to due process and benefit of counsel as was held in Fair v. Balkcom, 216 Ga. 721, 119 S.E.2d 691. Accordingly, the court did not err in remanding custody of the prisoner to the warden.
Judgment affirmed.
All the Justices concur.
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Knight v. Balkcom
...right to assistance of counsel. The City Court denied the application; the Supreme Court of Georgia affirmed. Knight v. Balkcom, 1964, 219 Ga. 589, 134 S.E.2d 801. October 7, 1964, Knight raised the same constitutional claim in an application for writ of habeas corpus filed with the United ......
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Dutton v. Knight
...petition in this court involving the sentence of Herman Ludson Knight on January 22, 1959. On the first appearance (Knight v. Balkcom, 219 Ga. 589, 134 S.E.2d 801), the remand of the prisoner to custody was affirmed. Thereafter, he filed a petition for habeas corpus in the U.S. District Cou......
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West v. Hopper, 29092
...thereto for adequate (trial) preparation.' See Fair v. Balkcom, 216 Ga. 721, 727, 119 S.E.2d 691, 695; and also, Knight v. Balkcom, 219 Ga. 589, 590, 134 S.E.2d 801 (1964). In 1967, appellant had no constitutional or statutory right to counsel at a lineup conducted on the day of his arrest.......
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