Byrd v. Shaffer

In my opinion, the majority erroneously holds that, in a habeas corpus proceeding, the State has the burden of establishing that the petitioner’s guilty plea was knowingly, voluntarily, and intelligently made. The State is not a party to this, or any other, habeas case. A petition for habeas relief institutes a civil, not a criminal, action. “It is a collateral attack that is separate and distinct from direct review, and occurs only after a prisoner has failed to obtain relief by direct appeal. [Cit.] It is not an extension of [a] direct appeal .... [Cit.]” Gibson v. Turpin, 270 Ga. 855, 857…