Wharton v. Thomas

Clarke, Presiding Justice.

This is an appeal by the state from an order granting habeas corpus relief to Franklin Thomas. The granted relief was based upon a finding of per se conflict of interest on the part of defense counsel who also held the title of city attorney for Cairo, Georgia, at the time he represented Thomas. We reverse.

On May 10, 1984, Thomas entered guilty pleas in Seminole County to charges of possession of cocaine and marijuana with intent to distribute. He was given ten years probation and fined. His counsel was Edwin Carlisle who was also city attorney for Cairo, Georgia.

In…