Roberts v. Caldwell, 27629
| Citation | 230 Ga. 223,196 S.E.2d 444 |
| Decision Date | 08 March 1973 |
| Docket Number | No. 27629,27629 |
| Parties | Lonnie Richard ROBERTS v. E. B. CALDWELL. |
| Court | Supreme Court of Georgia |
Lonnie Richard Roberts, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., David L. G. King, Jr., Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
This is an appeal from a judgment of a habeas corpus court that remanded the appellant to custody.
The appellant's habeas corpus action set forth two contentions. The first was that he was denied effective assistance of counsel at his trial in the convicting court. Upon review we determine that this contention is without merit.
The appellant's second contention in his habeas corpus action is of a more serious nature. He contended that he was denied counsel for an appeal from the judgment of conviction.
The record shows that an appeal from the judgment of conviction was brought to this court, and the appellant represented himself without benefit of counsel. This appeal resulted in a reversal with respect to two crimes for which he was convicted and affirmance with respect to two other crimes for which he was convicted. See 228 Ga. 298, 185 S.E.2d 385. Therefore, though he was not represented by counsel in the appellate court, he himself secured the setting aside of two convictions.
The appellant testified at the habeas corpus hearing that he filed an affidavit with the clerk of the convicting court requesting that counsel be appointed for him for his direct appeal. There is no evidence in the record that this affidavit ever reached or was filed with the clerk of the convicting court. During the pendency of his appeal, the appellant also wrote the Supreme Court of Georgia requesting that counsel be appointed to assist him in his appeal. In the habeas corpus record there is a response from the Clerk of the Supreme Court of Georgia dated August 20, 1971, stating: 'This Court has no authority to appoint counsel to represent you.'
The state, in its brief filed in this court on this appeal, concedes as follows: 'It is also apparent that the Clerk of the Superior Court of Richmond County, Georgia, knew of Roberts' indigency and his desire to appeal from the documents which would have been on file in his office in order for the case to have been docketed on direct appeal in this Court.'
On the basis of these facts was the appellant denied benefit of counsel in his first direct appeal?
It is beyond...
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Cook v. State
...ineffective assistance could obtain an "out-of-time appeal" as relief in Georgia habeas corpus proceedings. See Roberts v. Caldwell , 230 Ga. 223, 224, 196 S.E.2d 444 (1973) (reversing the denial of habeas relief because the petitioner "was denied appellate counsel on his first appeal," and......
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Rowland v. State
...a remedy has been judicially created in Georgia. In reviewing the denial of a petition for habeas corpus relief in Roberts v. Caldwell, 230 Ga. 223, 224, 196 S.E.2d 444 (1973), this court, after finding that the criminal defendant had been denied appellate counsel, ordered that counsel be a......
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Cook v. State
...and if such determination is in the affirmative, file and prosecute a new direct appeal with the benefit of counsel.'") (quoting Roberts, 230 Ga. at 224; omitted). [5]None of our early cases allowing the out-of-time appeal procedure in trial courts cited any authority, with one exception: i......
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Collier v. State
...Rodriquez , the "out-of-time appeal" remedy began to appear in Georgia's habeas corpus jurisprudence.9 See, e.g., Roberts v. Caldwell , 230 Ga. 223, 224, 196 S.E.2d 444 (1973) (reversing the decision of the habeas court, which denied the inmate's petition for a writ of habeas corpus, and re......