Haneef Abdul Raheem v. State, 339 Ga. App. 859

Haneef Abdul Raheem pleaded guilty in 1981 (motor-vehicle theft and hit-and-run) and 1982 (burglary); decades later he sought out-of-time appeals asserting his pleas were involuntary because he was not advised of all three Boykin rights.
The trial court initially denied relief as to prejudice but found no plea transcripts existed and that the 1981 and 1982 plea records did not show waiver of the privilege against self-incrimination or the right to confront witnesses.
On appeal (Raheem I), this Court agreed the records failed to show full Boykin advisements and remanded for a determination whether Raheem’s failure to file timely appeals was attributable to him or to counsel.
On remand the trial court concluded Raheem’s counsel failed to advise him of appellate rights and granted out-of-time appeals for the 1981 and 1982 convictions.
In the present appeal the State conceded the record did not affirmatively show waiver of all three Boykin rights; the court held that absent such a record the pleas could not be deemed knowingly and voluntarily entered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plea records show Raheem knowingly and voluntarily waived the three Boykin rights	Raheem: records do not show advisement or waiver of privilege against self-incrimination or right to confront witnesses; thus pleas involuntary	State: record on its face is deficient but any defect is harmless because Raheem never said he would have gone to trial	Court: Records do not show full Boykin advisals; pleas invalid and convictions reversed
Who bore responsibility for failure to file timely direct appeals (relevant to out-of-time relief)	Raheem: trial counsel prevented timely appeals by failing to advise of appeal rights and merits	State: argued counsel was not ineffective; attack on out-of-time order not before this appeal	Court: On remand trial court found failure attributable to counsel and granted out-of-time appeals (order not challenged here)

Boykin v. Alabama, 395 U.S. 238 (1969) (a guilty plea waives right against self-incrimination, jury trial, and confrontation; waiver must appear on the record)
Nash v. State, 271 Ga. 281 (1999) (State meets burden with a "perfect" plea transcript showing specific advisals; otherwise court weighs evidence)
Tyner v. State, 289 Ga. 592 (2011) (reversal is automatic when Boykin deviations are found; State’s ability to appeal certain orders is limited)
Lejeune v. McLaughlin, 296 Ga. 291 (2014) (allocation of burdens in habeas context; does not alter State’s burden on direct appeal)
Childs v. State, 311 Ga. App. 891 (2011) (Boykin advisals need not use "magic words," but record must affirmatively show waiver)
King v. State, 270 Ga. 367 (1998) (State bears burden on direct review to show plea was knowing and voluntary)
Vera v. State, 329 Ga. App. 177 (2014) (remand for further proceedings where pleas found invalid due to deficient Boykin advisals)