Wilkins v. Hopper, No. 29187

Decision Date17 September 1974
Docket NumberNo. 29187
Citation232 Ga. 796,209 S.E.2d 147
PartiesDonald R. WILKINS v. Joe S. HOPPER.
CourtGeorgia Supreme Court

Donald R. Wilkins, pro se.

Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

INGRAM, Justice.

This is an appeal from a judgment of the Superior Court of Tattnall County denying habeas corpus relief to the appellant.

The habeas corpus court conducted a hearing and thereafter entered its judgment finding that appellant voluntarily and knowingly entered pleas of guilty, with effective assistance of competent counsel, on January 25, 1973, to the offenses of aggravated assault and murder.

A review of the transcript of the habeas corpus hearing reveals that the evidence presented at that hearing fully authorized the trial court to find that appellant did voluntarily and knowingly enter the earlier pleas of guilty. Under these circumstances, we will not disturb the trial court's findings on appeal. Bailey v. Baker, 232 Ga. 84(4), 205 S.E.2d 278.

The transcript also discloses that appellant's counsel investigated the cases, met and advised with appellant on a number of occasions prior to entry of the guilty pleas, and represented appellant at a commitment hearing. The habeas corpus court determined that appellant 'was represented in a professional and capable manner' by competent attorneys. This finding of the habeas corpus court was also authorized by the evidence and since the standard of 'counsel competence' used by the trial court in reaching its determination was consistent with the standard announced by this court in Pitts v. Glass, 231 Ga. 638, 639, 203 S.E.2d 515, the trial court's conclusion will be affirmed.

Judgment affirmed.

All the Justices concur.

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3 cases
  • Smith v. Hopper, 32635
    • United States
    • Georgia Supreme Court
    • October 18, 1977
    ...570 (1975). Regarding the alleged guilt-proneness of a Witherspoon qualified jury, the evidence remains uncompelling. Wilkins v. Hopper, 232 Ga. 796, 209 S.E.2d 147 (1974); see House v. Stynchcombe, 239 Ga. 222, 236 S.E.2d 353 (1977); Porter v. State, supra; Witherspoon v. Illinois, supra, ......
  • Walker v. Hopper
    • United States
    • Georgia Supreme Court
    • April 8, 1975
    ...476 F.2d 213, 214(4); MacAuliffe v. Rutledge, 231 Ga. 1, 200 S.E.2d 100; Pitts v. Glass, 231 Ga. 638, 203 S.E.2d 515; Wilkins v. Hopper, 232 Ga. 796, 797, 209 S.E.2d 147; and, see Code Ann. § 2-105 (Art. I, Sec. I, Par. V, Georgia I dissent in the present case because I do not believe the a......
  • McCrary v. Ricketts, 29226
    • United States
    • Georgia Supreme Court
    • October 1, 1974
    ...consistent with constitutional safeguards. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). See, Wilkins v. Hopper, 232 Ga. 796, 209 S.E.2d 147. Appellant also contends that he was led to believe he would receive misdemeanor punishment rather than felony punishment for......

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