Burns v. State
291 Ga. 547
| Ga. | 2012Background
- Burns pled guilty in Feb 2003 to murder for the Oct 2001 shooting of Reginald Berry; other charges were dead docket; he received a life sentence.
- In May 2011 Burns moved for an out-of-time appeal; the trial court denied; he timely appealed.
- The court applies Brown v. State to determine that a direct appeal from a guilty plea lies only for issues resolvable by the record.
- At the plea hearing, Burns was admonished about rights; the transcript shows awareness of right to jury trial, to remain silent, to confront witnesses, and to testify if he chose.
- The court holds that not all Rule 33.8 rights must be read verbatim for due process; the plea can be valid under federal and Georgia constitutions, and claims of ineffective assistance require post-plea evidence or habeas corpus; the arrest warrant issue is waived by the plea; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the guilty plea voluntary under Boykin? | Burns argues lack of explicit self-incrimination warning makes plea involuntary. | State contends no magic words are required; rights were conveyed. | Plea valid; Boykin rights conveyed. |
| Does not reading every Rule 33.8 right invalidate the plea? | Rule 33.8 rights must be read to satisfy due process. | Failure to read all rights does not render plea invalid. | Plea valid; no due process violation. |
| Can ineffective assistance claims and arrest-warrant defenses be reviewed on an out-of-time appeal? | Alleges counsel ineffective and warrant invalid. | These issues require post-plea proceedings or are waived by plea. | Ineffective claims require habeas; warrant issue waived; judgment affirmed on appeal. |
Key Cases Cited
- Brown v. State, 290 Ga. 321 (Ga. 2012) (direct-appeal availability from guilty plea limited to issues in the record)
- Adams v. State, 285 Ga. 744 (Ga. 2009) (no magic words required to convey Boykin rights)
- Sanders v. Holder, 285 Ga. 760 (Ga. 2009) (explains Boykin rights and their application)
- Davis v. State, 289 Ga. App. 526 (Ga. App. 2008) (adequacy of rights advisement in plea proceeding)
- Wells v. State, 276 Ga. App. 844 (Ga. App. 2005) (recognizes sufficiency of Boykin advisement in plea)
- Gibson v. State, 290 Ga. 516 (Ga. 2012) (post-plea evidentiary hearings; habeas considerations)