Clowers v. Sikes

The only contention ever raised in and addressed by the habeas court is whether, in entering his guilty plea, Clowers waived his right to counsel. Thus, that is the sole issue which this Court should now consider. See King v. Hawkins, 265 Ga. 93 (454 SE2d 135) (1995). As with all constitutional rights, a defendant can forfeit the right to counsel by a knowing and intelligent waiver. Jones v. Wharton, 253 Ga. 82, 83 (316 SE2d 749) (1984). The burden was on the Warden to prove a valid waiver by Clowers. Blaylock v. Hopper, 233 Ga. 504, 506 (1) (212 SE2d 339) (1975). After conducting a hearing,…