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Lawskills.com Georgia Caselaw
BROWN v. CALDWELL.
27095.
HAWES, Justice.
Habeas corpus. Tattnall Superior Court. Before Judge Stebbins.
The appeal here is from the order and judgment of the Superior Court of Tattnall County remanding the appellant to the custody of the warden of one Stage prison after a hearing on his application for a writ of habeas corpus.
Fowler v. Grimes, 198 Ga. 84, 88 (31 SE2d 174). There is no merit in these four contentions.
2. Appellant contends that he was denied effective assistance of counsel in that retained counsel did not confer with him or investigate his case. However, the evidence authorized a finding that a firm of attorneys was employed by the appellant's mother and brother some ten days or two weeks prior to the entry of his guilty plea; that the attorneys so retained had conferred with the solicitor general and had investigated the case to the extent that they were convinced that it was the best strategy for the accused to plead guilty to the charge of murder, and that they advised appellant's mother and brother that if he would plead guilty the solicitor would agree to the imposition of a life sentence. A finding in accordance with appellant's contention that he was misled as to the nature of the plea he was entering, thinking that he was pleading guilty to the lesser offense of manslaughter, was not required. The evidence shows that both appellant and his attorney signed the plea of "guilty" on the back of the indictment charging him with the offense of "murder." Appellant did not contend that he was illiterate and could not read. He represented himself in the trial of this habeas corpus case and the record made upon the trial indicates that he is certainly not a person of low intelligence. Under all the circumstances, the habeas corpus court was authorized to find against his contention that his plea was not freely, voluntarily and knowingly entered.
Smith, 227 Ga. 759 (2) (182 SE2d 891); Purvis v. Connell, 227 Ga. 764, 767 (182 SE2d 892).
4. The trial court did not err in denying the writ and in remanding the applicant to the custody of the respondent.
Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.
Franklin D. Brown, pro se.
SUBMITTED MARCH 13, 1972 -- DECIDED MAY 19, 1972.
Friday May 22 14:25 EDT


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