*1
Boykin
his
colloquy
all three of
defendant
a
into
rights.
supplied.)
[Cit.]”
Hemdani,
Ga.
King State,
Boykin of constitutional that the waiver great plea entered is so that occurs when proceeding solicitude of which “demands the utmost canvassing capable the matter with the accused courts are understanding plea a full of what to make sure he has [cit.] consequence,” and that the record and of its connotes voluntarily. [Cits.] plea was made must show (642 SE2d Hawes v. the utmost case does not show record this clearly required law, as there has been no
solicitude and care showing colloquy or his with the trial court that Brown received Boykin rights. regarding of such a all three guilty plea the absence counsel colloquy, knowing cannot be found to Brown’s granted. voluntary, have been should writ Hemdani, Thompson joins in this
I authorized to state that Justice am dissent. pro Brown,
Michael A. se. Attorney, Ashley Wright, Little, Madonna M. Assistant District Attorney Attorney, District appellee. General, Senior Assistant v. TERRY. S11A1410. WILKES THOMPSON, required to a habeas court is in this case is whether
The issue is transferred to court when in its that while a habeas detention. We hold after the required every changes, is not transfer of Johnson, case. burglary and sentenced in 2000 of Wilkes was convicted Porter *2 Appeals prison. affirmed in The Court of as a to 20 recidivist App. v. 269 Ga. and sentence. Wilkes conviction petition in Wilkes filed Phillips County, at then incarcerated Gwinnett County petition in 2006 transferred to Macon Prison. His habeas was 2007, Wilkes was Macon State Prison. after he was transferred to County, and he filed a transferred to motion located petition transfer his habeas to that court. County, pending in Macon
While the motion was hearing, returned to Macon case called for a and Wilkes was was hearing. County both the motion to for the The habeas denied determining objection, petition habeas over transfer and the authority inquire legality it into the of Wilkes’ detention had County length present on the of he was in Macon based because time there. Wilkes filed a notice the case probable application for certificate of cause to which this granted court erred not Court to determine whether habeas transferring petition the habeas to Baldwin proper The denial of a to transfer case to another venue motion an discretion, is matter within that trial court’s and absent abuse appeal. on discretion, the trial court’s decision will be affirmed Garger, Supply App. HD App. Levenson, Rader It proper County disputed not here is the time Wilkes’ that venue was Gwinnett originally 9-14-43; filed. See OCGA (habeas county supra where he detained). presently propriety is transfer Wilkes’ decision to County to Macon after his to that county challenged appears has not been consistent with our allegations holding county in Preer that there are no that Wilkes’ illegitimate changed of detention has at time been Thus, reasons. at the time of the Macon habeas non-routine hearing, and the Macon venue subject-matter jurisdiction Superior personal had both Court Garner, habeas See consider Wilkes’ Smith v. 351) (1976) (finding jurisdiction proper in venue and transferred). temporarily To to which language in Division of State extent 64) (2002) interpreted suggest only can be subject-matter jurisdic- detention has petition, disapproved. tion to address the merits of a habeas (“ jurisdiction’ language [OCGA § at 91 ‘exclusive only 9-14-43] means that courts, other subject petitions”); Hopkins 751) (1976) (“All Hopkins, courts of this state have over the matter of corpus.”). cases or cases in the nature of habeas disputing argues Without facts, these transfer of the required by of his detention was our decision rejected argument in Preer. In case, however, that a filed habeas can never be transferred and held that under certain circumstances transfer a habeas is transferred to that for detention.1 Id. Because Preer we addressed any authority whether a habeas court had to transfer a habeas in Preer does not control the outcome of this case.2
Perhaps only argument because Wilkes’ was that transfer of the changed, was mandated because his of detention had *3 presented hearing no evidence at the on his motion other than the physical fact of his showing transfer. He thus made no the refusal to transfer or in an accomplished his return to Macon shop petitioner-friendly effort to forum for a less habeas court. He offered no evidence that the failure to transfer his would frustrate properly habeas relief or that it would be more heard in a given different dismiss his opportunity court. In the county, re-file another declined. Based on the absence of evidence that which then Preer, Wenoted in that a habeas should not be transferred when a is purposes shopping moved for of forum or where transfer “would otherwise frustrate habeas relief.” Id. at 92. None of contrary authority the cases cited the dissent as currently address the issue 923) Waye before this Court. In (1977), Craig State, (1975), and Neal (1974), we held the proper county petitioner’s bring in which corpus detention. in Nix v. (2008), we held County Superior the Camden jurisdiction Court was without to consider a habeas improperly Here, that had county. been in that petition petition Wilkes’ filed properly County. filed in Gwinnett The issue before us is whether a jurisdiction must be changed. petitioner’s transferred to another of detention is 49) (1951), was decided before the 1967 Corpus Act, § enactment of the of this state seq., Habeas gave superior OCGA 9-14-40 et which all courts jurisdiction cases, exclusive to hear such see and Colton v. (1973), quotes extensively pre-1967 from that opinion. years, would for more than two any reason other appropriately heard in Baldwin more say change habeas court detention, cannot we than the by denying motion to transfer. abused its except J., Melton, concur, Judgment All the Justices affirmed. who dissents. dissenting. Justice,
MELTON,
has discretion
The
after
a habeas
transfer or retain
precedent,
longstanding
directly
changes
is
proposition.
including
cites for its novel
case which it
the sole
(2005).
Accordingly, I
Johnson,
We (2002), this Court held currently county court detained has Specifi- over his “represented cally, that his ‘current that Smith we stated prison If a state location’ was that is have would so, then of his claim.” Id. at to address the merits supports v. Smith the transfer Therefore, being [the petition Preer’s habeas detained]. *4 original.) Therefore, the Ga. at 91 support
reality recharacteriza- does not is that Preer approvingly the exact case because, Preer cites the law tion of any explanation, majority, rationale or now wishes which to effectively Smith, overrule. See State v. majority opinion, implications of the
Moreover, has consis- insular. This Court in State v. Smith is not the tently years for at least more than 60
made it clear
court of the
which a is being detained forum to
See,
decide
habeas e.g., (1951);
Colton v.
(1973);
State,
Neal v.
(1974);
Craig
(1975);
Waye State,
precedent at all support explanation both incorrect and improper.
Our is clear in this matter. The law habeas case should have been heard in the court of the 7, 2011. Mahler,
Sarah Brewer, Andrew Gerwig-Moore, Danielle L. J. Key, Scott for appellant. General, Senior Fisher,
Assistant Attorney Jason C. Assistant Attorney General, for appellee.
S11A1526. ARDIS v. THE STATE.
Thompson, Jason Appellant Ardis was convicted of felony murder, aggra- assault, vated and other related offenses in connection with the shooting death of Annaijh Rolax and the aggravated assault of Timothy On Langston.1 asserts, Ardis alia, inter that he was 23, 2007, County grand jury On charging October a Fulton returned an indictment felony aggravated assault, felony Ardis with murder while the commission of an murder possession by felon, aggravated victim, while in aof firearm a convicted assault of the murder aggravated Timothy Langston, attempt robbery, posses assault of criminal to commit armed felony, possession sion of a firearm in the commission of a of a firearm a convicted felon. charged felony aggravated Co-defendant Charles West was also murder and assault. The July August 19, 2009, August crimes occurred on 2009, 2007. Trial commenced on and on jury charged. acquitted charges. found Ardis West was of all Ardis was August imprisonment plus sentenced on 2009 to life for the murder of Rolax 20 consecutive years aggravated Langston, years attempt for assault of five concurrent to commit armed robbery, possession during felony, five consecutive of a firearm commission of a five-year remaining weapons remaining merged term for the offense. The counts were either by operation or vacated of law. See Malcolm v. Ga. 369 Ardis August 27, 2009, 29, 2010, filed a motion for new trial on amended on November April 14, appeal May and denied on 2011. A notice of was filed on 2011. The September docketed to the term of this Court and was submitted for a decision on briefs.