Wayman v. Caldwell
| Decision Date | 06 April 1972 |
| Docket Number | No. 27094,27094 |
| Citation | 229 Ga. 2,189 S.E.2d 74 |
| Parties | Willie WAYMAN v. E. B. CALDWELL, Warden. |
| Court | Georgia Supreme Court |
Willie Wayman, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Dorothy T. Beasley, Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Willie Wayman filed application for the writ of habeas corpus in the Superior Court of Tattnall County against E. B Caldwell, Warden of the Georgia State Prison. After the hearing, the trial court remanded the applicant to the custody of the respondent. He appeals from this judgment. Held:
1. The appellant contends that he was entitled to have an attorney represent him at the habeas corpus hearing even though he did not request the court to appoint one for him.
This court has repeatedly held that a habeas corpus case is not a criminal proceeding, and that neither the Sixth Amendment of the Constitution of the United States nor Art. I, Sec. I, Par. V. (Code Ann. § 2-105 of the Georgia Constitution) requires the appointment of counsel for the petitioner. Cash v. Smith, 226 Ga. 318(3), 175 S.E.2d 10; Barrett v. Smith, 227 Ga. 358(3), 180 S.E.2d 698; and Snell v. Smith, 228 Ga. 249, 251, 184 S.E.2d 645.
There is no merit to this contention of the appellant.
2. The record shows that the appellant is being held by the respondent on the following sentences: From Fulton County Superior Court, dated February 19, 1969-for murder, a life sentence; for robbery, a 20 year sentence; for 4 counts of robbery, 20 years on each count; and for 5 counts of robbery, 20 years on each count. From Gwinnett County Superior Court, dated January 13, 1970-for robbery, a life sentence; and for kidnapping, a 7 year sentence.
The applicant contends that he was not informed of his rights, that he was placed in a police line-up without the assistance of counsel, that he was beaten into a confession by the police, that he was not of sound mind at the time he made statements to the police, that he had been subject to cruel and unusual punishment, and that his rights under the 5th, 6th and 14th Amendments of the United States Constitution have been denied him.
The evidence at the habeas corpus hearing shows that all of the crimes charged against the appellant started in Gwinnett County and ended in Fulton County. The appellant testified that he was tried on circumstantial evidence, was placed in a lineup against his will and did not have an attorney present at the time he was being interrogated; that he was beaten and forced to sign some written confessions; that he told his employed counsel these facts; that after his co-indictees had been tried and convicted in Fulton County, his employed counsel told him that the evidence was such that he should plead guilty to all the Fulton County charges and escape the death penalty.
He testified that after his co-defendants had been tried and convicted, he was placed on trial in ...
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McCorquodale v. Stynchcombe
...a habeas corpus proceeding which is not a criminal case." Smith v. Ault, 230 Ga. 433, 434(7), 197 S.E.2d 348 (1973); Wayman v. Caldwell, 229 Ga. 2, 189 S.E.2d 74 (1972). But, here, appellant was represented by competent counsel, and the challenge is directed to the ability of that counsel t......
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Spencer v. Hopper, 34285
...the appointment of counsel for a habeas corpus petitioner. Hopkins v. Hopper, 234 Ga. 236(1), 215 S.E.2d 241 (1975); Wayman v. Caldwell, 229 Ga. 2, 189 S.E.2d 74 (1972). By the same token, a defendant has no right to receive or spend state funds for the appointment of experts or investigato......
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...of situations where courts have held there is no right to appointment of counsel: for habeas corpus petitioner, Wayman v. Caldwell, 229 Ga. 2, 189 S.E.2d 74 (1972); for contempt for failure to pay child support, State v. Green, 277 N.C. 188, 176 S.E.2d 756 (1970); for corporation where empl......
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...175 S.E.2d 10; Barrett v. Smith, 227 Ga. 358(3), 180 S.E.2d 698; Snell v. Smith, 228 Ga. 249, 251, 184 S.E.2d 645; Wayman v. Caldwell, 229 Ga. 2(1), 189 S.E.2d 74; Moore v. Caldwell, 229 Ga. 132(2), 189 S.E.2d Judgment affirmed. All the Justices concur. ...