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Haneef Abdul Raheem v. State
333 Ga. App. 821
Ga. Ct. App.
2015
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Background

  • Raheem pleaded guilty in 1981 (motor-vehicle theft and hit-and-run), 1982 (burglary), and 1985 (armed robbery).
  • Approximately thirty years later, Raheem moved for out-of-time appeals from all convictions, which the trial court denied.
  • Raheem alleged the pleas were involuntary because he was not advised of Boykin rights and the elements of the offenses, and that trial counsel failed to inform him of appellate rights.
  • The State argued plea transcripts (or transcripts labeled documents) showed voluntariness in at least two cases; no plea hearing transcripts existed; the trial court noted no such transcripts.
  • The trial court found issues in 1981 and 1982 (Boykin rights not advised) but deemed the 1985 plea knowing and voluntary, and it denied all out-of-time appeals for lack of prejudice.
  • On appeal, the Georgia Court of Appeals held that the 1981 and 1982 pleas require reversal and remand for proper factual inquiry to determine responsibility for the failure to timely appeal; the 1985 plea was affirmed and finality upheld.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Raheem is entitled to an out-of-time appeal for 1981 and 1982 convictions. Raheem, not advised of Boykin rights, had a viable appeal ground. No clear transcript showing lack of advisement; issues lack merit. Reversed denial; remanded for proper inquiry on responsibility for delayed appeal.
Whether the 1985 armed-robbery plea was knowing and voluntary and whether counsel’s alleged failure to inform appellate rights matters. Counsel failed to inform of appellate rights; plea may be involuntary. Transcript shows all Boykin rights were addressed; counsel's general practice did not prejudice. Affirmed denial for 1985; record supports knowing and voluntary plea; no ineffective-assistance prejudice shown.

Key Cases Cited

  • Boykin v. Alabama, 395 U.S. 238 (U.S. Supreme Court (1969)) (three Boykin rights must be explained for a valid guilty plea)
  • English v. State, 307 Ga. App. 543 (Ga. Ct. App. 2010) (out-of-time appeal remedies and required inquiries for fault attribution)
  • Barlow v. State, 282 Ga. 232 (Ga. 2007) (out-of-time appeal requires correct attribution of fault for delay)
Read the full case

Case Details

Case Name: Haneef Abdul Raheem v. State
Court Name: Court of Appeals of Georgia
Date Published: Sep 21, 2015
Citation: 333 Ga. App. 821
Docket Number: A15A1318, A15A1319, A15A1320
Court Abbreviation: Ga. Ct. App.