Nix v. State, 28873
| Decision Date | 01 October 1974 |
| Docket Number | No. 28873,28873 |
| Parties | Kirksey McCord NIX, Jr. v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The questions made by the appellant's habeas corpus petition, in which he alleged that his felony conviction was void, are not moot even though he has completed the service of his sentence since he is suffering collateral consequences of the sentence.
Kirksey McCord Nix, Jr., pro se.
Lewis R. Slaton, Dist. Atty., Joel M. Feldman, R. David Peterson, Asst. Dist. Attys., Atlanta, for appellee.
Kirksey M. Nix, Jr., filed a petition for writ of habeas corpus in the Superior Court of Fulton County, seeking to vacate his guilty plea to a felony charge, entered on March 14, 1969, and the sentence of two years imposed thereon. He alleged that he was discharged from this sentence in August, 1970. The trial judge denied the writ of habeas corpus, and thereafter denied his motions to reconsider and to amend the petition. The appeal is from these orders.
The appellant's petition for habeas corpus alleged: His plea of guilty was made with the understanding on his part that it was a plea of guilty to a misdemeanor. The agreement reached with the district attorney was that he would plead guilty to a misdemeanor, and that two other charges against him would be dropped. The sentence given him was not in accordance with the agreement made as to length. He was denied effective assistance of counsel because his counsel (retained) failed to properly advise him of the nature and consequence of the charge against him. His counsel never informed him that he was pleading guilty to a felony charge. His guilty plea was coerced because the release of his wife's impounded car was made conditional on his pleading guilty. The trial court never informed him of his right to a jury trial or the consequence of his guilty plea, and he would not have entered a guilty plea if he had known that he was pleading guilty to a felony charge. The indictment on which the guilty plea was entered was not the indictment to which he had agreed to plead guilty.
The trial judge who considered the habeas corpus petition took judicial notice of a prior coram nobis petition by the appellant, which had been dismissed on the ground that the petition was frivolous, the sentence had been completely served and the question was moot, and the court did not have jurisdiction since the appellant was not present within the jurisdiction of the court. The habeas corpus judge then held that the order on the coram nobis petition had become the law of the case. He refused to hear evidence on the petition for habeas corpus, and denied the writ.
After the entry of this order the appellant filed a motion for reconsideration, and proffered an amendment to his petition for habeas corpus. The amendment alleged that since his conviction in Georgia he has been convicted in a federal court for violating a federal statute...
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Hackett, Matter of
...Brown v. Resor, 407 F.2d 281 (5 Cir.1969), cert. den. 399 U.S. 933, 90 S.Ct. 2249, 26 L.Ed.2d 806 (1970); Nix v. State, 233 Ga. 73, 209 S.E.2d 597, 598 (Sup.Ct.1974), aff'd 236 Ga. 110, 223 S.E.2d 81 (Sup.Ct.1976); Duran v. Morris, 635 P.2d 43, 45-46 (Utah Sup.Ct.1981). We have found no cas......
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Shakur v. State, 32479
...served, when the petitioner "is suffering collateral consequences in the nature of a due process violation." Nix v. State, 233 Ga. 73, 209 S.E.2d 597, 598 (1974); Craig v. State, 234 Ga. 398, 216 S.E.2d 296 (1975); Callahan v. State, 235 Ga. 359, 219 S.E.2d 717 (1975). It is clear that noth......
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Breland v. Smith, 37380
...would be due for release now. We agree that the issue is not moot. Parris v. State, 232 Ga. 687, 208 S.E.2d 493 (1974); Nix v. State, 233 Ga. 73, 209 S.E.2d 597 (1974). 2. Petitioner contends that he was denied due process because the court allowed him to plead guilty on a silent record to ......
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Chaplin v. State
...thereby hope to escape lifelong adverse collateral consequences." Parris v. State, 232 Ga. 687, 691, 208 S.E.2d 493, 496; Nix v. State, 233 Ga. 73, 75, 209 S.E.2d 597. We are bound to follow the decisions of both the Supreme Court of the United States and our own Supreme Court. Accordingly,......