Legal Opinion · Dissent

Brown v. State

Supreme Court of Georgia

Decided November 7, 2011No. S11A0949Published

1DissentMelton, Justice

Because the undisputed record in this case does not support a finding that Michael Anthony Brown’s guilty plea was knowing and voluntary, I must respectfully dissent.

In habeas corpus proceedings such as this, a completed waiver form, standing alone, does not present sufficient evidence that a guilty plea was knowing and voluntary. Sentinel Offender Svcs. v. Harrelson, 286 Ga. 665, 667 (1), n. 2 (690 SE2d 831) (2010) (“To the extent Obi v. State, 230 Ga. App. 476 (1) (496 SE2d 556) (1998) can be read to indicate that a completed form alone is necessarily sufficient to establish the…

2Cases cited5 opinions

  1. King v. StateSupreme Court of Georgia · 1998
  2. Hawes v. StateSupreme Court of Georgia · 2007
  3. State v. HemdaniSupreme Court of Georgia · 2007
  4. Obi v. StateCourt of Appeals of Georgia · 1998
  5. Sentinel Offender Services, LLC v. HarrelsonSupreme Court of Georgia · 2010

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