Legal Opinion · Concurrence

Collum v. State

Court of Appeals of Georgia

Decided November 30, 1993No. A93A1592Published

1ConcurrenceBeasley, Presiding Judge

I concur. Although we cite USCR 33.9, which governs also in the state courts, as the authority for the requirement that a factual basis be shown on the record, this has been mandated since Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). The Georgia Supreme Court, in 1971, held that the state trial judge has the same duty as the federal trial judge under Federal Rule of Criminal Procedure 11. The state trial judge shall not enter a judgment on a guilty plea “ ‘unless it is satisfied that there is a factual basis for the plea.’ ” *161Purvis v. Connell, 227 Ga. 764, 766 (182 SE2d…

2Cases cited6 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Purvis v. ConnellSupreme Court of Georgia · 1971
  3. Clark v. StateCourt of Appeals of Georgia · 1988
  4. Golden v. StateCourt of Appeals of Georgia · 1989
  5. Harris v. StateCourt of Appeals of Georgia · 1983

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API