From Casetext: Smarter Legal Research

King v. Hawkins

Supreme Court of Georgia
Mar 6, 1995
454 S.E.2d 135 (Ga. 1995)

Opinion

S94A1267.

DECIDED MARCH 6, 1995.

Habeas corpus. Gwinnett Superior Court. Before Judge Clark.

Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Rachelle L. Strausner, Assistant Attorney General, for appellant.

James M. Watts, Jr., for appellee.


This is an appeal from a judgment granting Hawkins' petition for the writ of habeas corpus. The habeas court did not rule on the grounds asserted in appellee's petition, but granted the petition on the ground that the record of appellee's guilty plea hearing did not demonstrate a factual basis for the plea. See Head v. State, 262 Ga. 795 (2) ( 426 S.E.2d 547) (1993). The Warden complains on appeal that he was not put on notice that the issue of the adequacy of the factual basis for the guilty plea would be litigated and was not afforded a proper opportunity to address the issue. Our review of the record persuades us of the correctness of the Warden's position. The only mention of the ground on which the habeas court based its judgment came from a single observation by the habeas court. Following cross-examination of Hawkins' trial counsel, the habeas court asked counsel about his understanding of the factual basis for the plea, noting that it had "read the transcript of the plea and it's sort of short."

Uniform Superior Court Rule 33.9. Determining Accuracy of Plea.
Notwithstanding the acceptance of a plea of guilty, the judge should not enter a judgment upon such plea without making such inquiry on the record as may satisfy him that there is a factual basis for the plea.

Although we do not doubt the authority of a habeas court to consider such matters sua sponte, we believe the parties must be given an opportunity to address them in a meaningful way. Accordingly, we conclude that the proper course in this case is that which was followed in Johnson v. Caldwell, 229 Ga. 548, 553 ( 192 S.E.2d 900) (1972). In that case, questions concerning the voluntariness of guilty pleas were considered without notice to the Warden, and this court ordered that the case be remanded. Here, as there, the Warden should have sufficient time to prepare to address the issue and Hawkins should have an opportunity to amend his petition to conform to the issues before the habeas court.

Judgment reversed and case remanded. All the Justices concur.

DECIDED MARCH 6, 1995.


Summaries of

King v. Hawkins

Supreme Court of Georgia
Mar 6, 1995
454 S.E.2d 135 (Ga. 1995)
Case details for

King v. Hawkins

Case Details

Full title:KING v. HAWKINS

Court:Supreme Court of Georgia

Date published: Mar 6, 1995

Citations

454 S.E.2d 135 (Ga. 1995)
454 S.E.2d 135

Citing Cases

Williams v. Hall

"Although we do not doubt the authority of a habeas court to consider . . . matters sua sponte, we believe…

Walker v. Penn

While the habeas court did not grant the writ on any ground stated in the petition, "we do not doubt the…