Wilson v. Kemp
707 S.E.2d 336
| Ga. | 2011Background
- Wilson challenged the validity of his guilty plea in a habeas corpus petition challenging voluntariness of the plea.
- Plea occurred at a mass guilty plea hearing on February 7, 2005, for voluntary manslaughter.
- The trial court told defendants they could remain silent but did not explain that pleading guilty would waive the privilege against self-incrimination.
- Record showed no explanation that pleading guilty waives the privilege; defense counsel testified he informed Wilson of constitutional rights but details were not provided.
- Georgia Supreme Court held the record failed to show Wilson was informed of the Boykin rights; the habeas court erred in upholding voluntariness based on that record.
- Judgment reversed; habeas relief granted and plea invalidated on the basis of improper Boykin warning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to inform waivers of self-incrimination requires reversal | Wilson | Kemp | Yes; reversal warranted |
| Whether informing of general rights suffices if not specific to Boykin rights | Wilson | Kemp | No; insufficiency requires reversal |
| Whether counsel's generic 'constitutional rights' notice suffices | Wilson | Kemp | No; not specific to Boykin rights |
| Whether Boykin rights must be expressly conveyed to support voluntariness finding | Wilson | Kemp | Yes; failure to convey Boykin rights requires reversal |
Key Cases Cited
- Sanders v. Holder, 285 Ga. 760 (2009) (reversal for failure to inform all Boykin rights before plea)
- Adams v. State, 285 Ga. 744 (2009) (no reliance on magic words; must convey Boykin rights clearly)
- Arnold v. Howerton, 282 Ga. 66 (2007) (general 'constitutional rights' insufficient without specifics on Boykin rights)
- Britt v. Smith, 274 Ga. 611 (2001) (habeas relief for failure to inform three Boykin rights, not broader rights)