Wilson v. Kemp
288 Ga. 779
| Ga. | 2011Background
- Wilson challenged the validity of his guilty plea to voluntary manslaughter in a habeas corpus petition after the denial of relief.
- The plea occurred at a mass guilty plea hearing on February 7, 2005, with about 20 defendants present.
- The trial court told defendants they had a right to remain silent and that they should answer questions aloud for the tape and court reporter.
- The plea was accepted without the court informing Wilson that pleading guilty waives the privilege against compulsory self-incrimination.
- The record shows Wilson and his counsel said they had been advised of constitutional rights, but the specific Boykin rights were not identified or explained.
- The Georgia Supreme Court reversed the habeas relief, holding the State failed to prove the plea was voluntary, knowingly, and intelligently; a dissent disputes this result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to inform waiver of self-incrimination invalidates the plea | Wilson | Kemp | Reversed; plea not properly tied to waiver. |
| Whether informing rights to remain silent suffices for Boykin rights | Wilson | Kemp | Insufficient; three Boykin rights not adequately conveyed. |
| Whether counsel's general reference to 'constitutional rights' satisfies Boykin requirements | Wilson | Kemp | Insufficient; specific Boykin rights not identified. |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. Supreme Court, 1969) (waiver of rights upon guilty plea; no automatic presumption of voluntariness)
- Sanders v. Holder, 285 Ga. 760 (Ga. 2009) (record must show informed of Boykin rights; silence alone insufficient)
- Adams v. State, 285 Ga. 744 (Ga. 2009) (no magic words required; but must convey Boykin rights clearly)
- Arnold v. Howerton, 282 Ga. 66 (Ga. 2007) (acknowledgment of rights must be specific enough to show waiver)
- Britt v. Smith, 274 Ga. 611 (Ga. 2001) (habeas relief for failure to inform Boykin rights, not other rights)
- Harrell v. State, 275 Ga. 519 (Ga. 2002) (waiver context and waiver of rights by pleading guilty)
- Jackson v. State, 285 Ga. 840 (Ga. 2009) (linguistic framing of rights in plea colloquy)