Phillips v. State, Nos. 31806
| Court | Georgia Supreme Court |
| Writing for the Court | JORDAN |
| Citation | 233 S.E.2d 758,238 Ga. 497 |
| Parties | Thomas Edward PHILLIPS v. The STATE (three cases). |
| Docket Number | 31851 and 31852,Nos. 31806 |
| Decision Date | 08 March 1977 |
Page 758
v.
The STATE (three cases).
Page 759
[238 Ga. 500] E. Kontz Bennett, Jr., Waycross, for appellant in No. 31806.
Thomas Edward Phillips, pro se in Nos. 31851, 31852.
Dewey Hayes, Dist. Atty., Douglas, Arthur K. Bolton, Atty. Gen., Isaac Byrd, Staff Asst. Atty. Gen., Atlanta, for appellee.
[238 Ga. 497] JORDAN, Justice.
Thomas Edward Phillips was convicted for murder. The State waived the death penalty, he was sentenced to life imprisonment and he appeals.
Case No. 31851
In this case, Phillips appeals pro se from the trial [238 Ga. 498] court's denial of his "Motion to Discharge Counsel," in which he apparently sought the substitution of new appointed counsel to prosecute his appeal because appointed counsel was disinterested and ineffective. There is no transcript of the hearing on this motion. However, from a close review of the trial transcript if is clear that Phillips' appointed counsel conducted an able and enthusiastic defense. This appeal is without merit and the judgment in Case No. 31851 is therefore affirmed.
Case No. 31852
In this case Phillips appeals pro se from the denial of his motion for new trial. In Case No. 31806 he appeals through his appointed counsel. Thus we have two appeals from the same judgment. The enumerations of error filed in each case are substantially the same. The only difference is that the brief filed by counsel supports the enumerations with clear and forceful argument while that of Phillips is vague and confusing. So long as Phillips is represented by counsel on appeal, he does not have the right to independently conduct his own defense and have both considered by this court. Reid v. State, 235 Ga. 378, 219 S.E.2d 740 (1975). Accordingly, Case No. 31852 filed by Phillips himself is dismissed.
Case No. 31806
We now turn to a consideration of the merits of the appeal filed by Phillips through his appointed counsel.
The record reveals that the evidence fully supported the verdict and the first enumeration of error is without merit.
The fourth enumeration of error complains that the evidence produced during a Jackson-Denno hearing established that Phillips was not informed of his right to have an attorney prior to questioning. It is uncontradicted that Phillips signed a written waiver of rights which read in part: "If you cannot afford a lawyer, one will be appointed for you before questioning if you wish." Phillips admitted that the waiver was read to him and that he understood it when he signed. The only conflict in the testimony related to when the waiver was signed. Two police officers testified that the waiver was explained to Phillips prior to questioning; Phillips testified that the questioning took place before the signing. The finding by [238 Ga. 499] the trial court is not "clearly erroneous" and will not be disturbed. High v. State, ...
To continue reading
Request your trial
-
Kennebrew v. State, No. S96A1557
...to appoint new appellate counsel to pursue a potentially frivolous ineffective assistance of trial counsel claim. See Phillips v. State, 238 Ga. 497-498, 233 S.E.2d 758 (1977); Hesterlee v. State, 210 Ga.App. 330, 333(2), 436 Page 8 S.E.2d 32 (1993). To hold otherwise allows a defendant to ......
-
Lush v. State, Nos. 66574
...not support a contention of involuntariness. We find that the admission of this evidence was not clearly erroneous. Phillips v. State, 238 Ga. 497, 498-499, 233 S.E.2d 758. 6. Defendant Lush argues that the trial court erred in denying her motion for directed verdict of acquittal. She asser......
-
Clough v. State, No. S15A1708.
...(2012) ; Beam v. State, 265 Ga. 853(6), 463 S.E.2d 347 (1995) ; Raines v. State, 247 Ga. 504(1), 277 S.E.2d 47 (1981) ; Phillips v. State, 238 Ga. 497, 499, 233 S.E.2d 758 (1977).In this case, the trial court declined to give the charge as it was troubled by the fact that appellant entered ......
-
Wiley v. State, No. 57977
...Ga.App. 609] S.E.2d 158). These findings of the trial court are not clearly in error and thus will not be disturbed. Phillips v. State, 238 Ga. 497, 498, 233 S.E.2d As to the second set of admissions, there is no merit to a claim of lack of voluntariness predicated upon the failure to give ......
-
Kennebrew v. State, No. S96A1557
...to appoint new appellate counsel to pursue a potentially frivolous ineffective assistance of trial counsel claim. See Phillips v. State, 238 Ga. 497-498, 233 S.E.2d 758 (1977); Hesterlee v. State, 210 Ga.App. 330, 333(2), 436 Page 8 S.E.2d 32 (1993). To hold otherwise allows a defendant to ......
-
Lush v. State, Nos. 66574
...not support a contention of involuntariness. We find that the admission of this evidence was not clearly erroneous. Phillips v. State, 238 Ga. 497, 498-499, 233 S.E.2d 758. 6. Defendant Lush argues that the trial court erred in denying her motion for directed verdict of acquittal. She asser......
-
Clough v. State, No. S15A1708.
...(2012) ; Beam v. State, 265 Ga. 853(6), 463 S.E.2d 347 (1995) ; Raines v. State, 247 Ga. 504(1), 277 S.E.2d 47 (1981) ; Phillips v. State, 238 Ga. 497, 499, 233 S.E.2d 758 (1977).In this case, the trial court declined to give the charge as it was troubled by the fact that appellant entered ......
-
Wiley v. State, No. 57977
...Ga.App. 609] S.E.2d 158). These findings of the trial court are not clearly in error and thus will not be disturbed. Phillips v. State, 238 Ga. 497, 498, 233 S.E.2d As to the second set of admissions, there is no merit to a claim of lack of voluntariness predicated upon the failure to give ......