Roberts v. Greenway, 211 S.E.2d 764 (Ga. 1975). · Go Syfert
Roberts v. Greenway, 211 S.E.2d 764 (Ga. 1975). Cases Citing This Book View Copy Cite
174 citation events (47 in the last 25 years) across 6 distinct courts.
Strongest positive: LEJEUNE v. McLAUGHLIN (ga, 2014-11-24)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
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Top citers, strongest first. 48 distinct citers.
examined Cited as authority (rule) LEJEUNE v. McLAUGHLIN (4×)
Ga. · 2014 · confidence medium
See, e.g., Knight v. Sikes, 269 Ga. 814, 816 (2) ( 504 SE2d 686 ) (1998); Bowers v. Moore, 266 Ga. 893, 895 (1) ( 471 SE2d 869 ) (1996); Glover v. Jones, 245 Ga. 848, 849 ( 268 SE2d 156 ) (1980); Roberts v. Greenway, 233 Ga. 473, 475 (2) ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Office of Lawyer Regulation v. Peter J. Thompson (2×)
Wis. · 2014 · confidence medium
Attorney Thompson asserts that "a petitioner [seeking] relief cannot allege that he was deprived of his constitutional rights and then invoke the shield of the attorney-client privilege to prevent an accurate determination of the merit of his claim," citing Waldrip v. Head, 532 S.E.2d 380 (2000) (quoting Roberts v. Greenway, 211 S.E.2d 764, 767 (1975)). ¶ 47.
cited Cited as authority (rule) Allison v. State
Ga. Ct. App. · 2007 · confidence medium
We find no merit in the State’s argument that the Georgia Supreme Court’s decision in Roberts v. Greenway, 233 Ga. 473, 476-477 (3) ( 211 SE2d 764 ) (1975), requires a different result.
cited Cited as authority (rule) Clarke v. State
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 See Whitaker v. State, 244 Ga. App. 241, 244 (4) ( 535 SE2d 283 ) (2000). 2 See Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975).
cited Cited as authority (rule) Whitaker v. State
Ga. Ct. App. · 2007 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Green v. State (2×)
Ga. · 2005 · confidence medium
Moreover, the inference drawn by the habeas court from the affidavit is supported by "the presumption that an attorney has adequately discharged his responsibilities and duties...." Roberts v. Greenway, 233 Ga. 473, 476 (2), 211 S.E.2d 764 (1975).
cited Cited as authority (rule) Coleman v. State
Ga. · 2004 · confidence medium
All the Justices concur. 1 See Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975). 2 266 Ga. 687 ( 470 SE2d 436 ) (1996). 3 266 Ga. at 687 .
discussed Cited as authority (rule) Harris v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Phipps, J., concur. 1 (Punctuation and footnote omitted.) Gates v. State, 252 Ga. App. 20, 22-23 (3) ( 555 SE2d 494 ) (2001); Cooper v. State, 189 Ga. App. 286, 287 (2) ( 375 SE2d 505 ) (1988). 2 Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975). 3 See, e.g., Jenkins v. State, 259 Ga. App. 47, 52 (2) (b) ( 576 SE2d 300 ) (2002). 4 See Cooper, supra; Sims v. State, 167 Ga. App. 479 -480 (1) ( 306 SE2d 732 ) (1983). 5 Whitaker v. State, 256 Ga. App. 436, 439 (2) ( 568 SE2d 594 ) (2002). 6 275 Ga. 574 ( 571 SE2d 368 ) (2002). 7 Id. at 575 (1).
discussed Cited as authority (rule) Hall v. State
Ga. Ct. App. · 2003 · confidence medium
Blackburn, P. J., and Ellington, J., concur. 1 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). 2 271 Ga. 281 ( 519 SE2d 893 ) (1999). 3 244 Ga. App. 89 ( 534 SE2d 839 ) (2000). 4 Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975), citing Boykin. 5 506 U. S. 20 (113 SC 517, 121 LE2d 391) (1992). 6 Nash, supra at 285 . 7 273 Ga. 160, 161 (1) ( 535 SE2d 760 ) (2000).- 8 132 Ga. App. 274, 278 (5) ( 208 SE2d 5 ) (1974). 9 Id. at 278-279 . 10 239 Ga. 681, 684 (4) ( 238 SE2d 372 ) (1977). 11 See Larry v. State, 266 Ga. 284, 286 (3) ( 466 SE2d 850 ) (1996); Hickson v. State, 205 Ga. App…
discussed Cited as authority (rule) Weeks v. State
Ga. Ct. App. · 2003 · confidence medium
Ellington and Phipps, JJ, concur. 1 Dalton v. State, 244 Ga. App. 203, 205 ( 534 SE2d 523 ) (2000). 2 Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975). 3 McCloud v. State, 240 Ga. App. 335, 336 ( 525 SE2d 701 ) (1999). 4 Howard v. State, 233 Ga. App. 724, 731 ( 505 SE2d 768 ) (1998). 5 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 6 Hill v. Lockhart, 474 U. S. 52, 57 (106 SC 366, 88 LE2d 203) (1985).
discussed Cited as authority (rule) Britt v. Smith (2×)
Ga. · 2001 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
cited Cited as authority (rule) Bazemore v. State
Ga. · 2000 · confidence medium
Bowers v. Moore at 895 (1), citing Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Clowers v. Sikes (2×)
Ga. · 2000 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 (1), 211 S.E.2d 764 (1975).
cited Cited as authority (rule) Donaldson v. State
Ga. Ct. App. · 2000 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) McFadden v. State
Ga. Ct. App. · 2000 · confidence medium
A trial court may satisfy itself as to the sufficiency of the factual basis of the plea by “questioning the defendant, the defense counsel (Roberts v. Greenway, 233 Ga. 473, 476 ( 211 SE2d 764 )), or any other legitimate source available to the trial court that can furnish evidence that the constitutional rights of the defendant have been satisfied.” 2 Once the question of the validity of a guilty plea or nolo con *898 tendere plea has been raised, the burden is on the State to show that the plea was intelligently and voluntarily entered.
discussed Cited as authority (rule) Miller v. State
Ga. Ct. App. · 1999 · confidence medium
Pope, P. J., and Smith, J, concur. 1 King v. State, 270 Ga. 367, 369 (1) ( 509 SE2d 32 ) (1998); Beck v. State, 222 Ga. App. 168 ( 473 SE2d 263 ) (1996). 2 King, supra, 270 Ga. at 369 (1); Goodman v. Davis, 249 Ga. 11, 13 (1) ( 287 SE2d 26 ) (1982). 3 King, supra, 270 Ga. at 369 (1); Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975). 4 Cunningham v. State, 239 Ga. App. 889, 890 (1) ( 522 SE2d 480 ) (1999); Craft v. State, 234 Ga. App. 305, 307 (1) ( 506 SE2d 663 ) (1998). 5 Compare Rowland v. State, 72 Ga. App. 793 ( 35 SE2d 372 ) (1945). 6 Overby v. State, 150 Ga. App. 319, 32…
discussed Cited as authority (rule) Byrd v. Shaffer (2×)
Ga. · 1999 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 476 (2), 211 S.E.2d 764 (1975); Purvis v. Connell, 227 Ga. 764 , 182 S.E.2d 892 (1971).
discussed Cited as authority (rule) McCloud v. State
Ga. Ct. App. · 1999 · confidence medium
The state may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Holman v. State
Ga. Ct. App. · 1999 · confidence medium
The state may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
examined Cited as authority (rule) King v. State (3×) also: Cited "see, e.g."
Ga. · 1998 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
examined Cited as authority (rule) Cazanas v. State (4×)
Ga. · 1998 · confidence medium
Bowers v. Moore, 266 Ga. 893, 895 (1), 471 S.E.2d 869 (1996); Roberts v. Greenway, 233 Ga. 473, 475 (1), 211 S.E.2d 764 (1975).
examined Cited as authority (rule) Nash v. State (3×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
Id. at 244. 4 506 U. S. 20 (113 SC 517, 121 LE2d 391) (1992). 5 Id. at 29 . 6 Id. at 30 . 7 Id. at 34 . 8 197 Ga. App. 315 ( 398 SE2d 409 ) (1990). 9 202 Ga. App. 417 ( 414 SE2d 332 ) (1992) (same Gadson, on second appeal following resentencing). 10 256 Ga. 195, 209 (17) ( 345 SE2d 831 ) (1986). 11 Although the second Gadson appeal was decided the same year as Parke, the Court of Appeals of Georgia decided Gadson in January and the United States Supreme Court decided Parke the following December. 12 214 Ga. App. 393, 394 (2) ( 448 SE2d 20 ) (1994). 13 245 Ga. 326 ( 265 SE2d 13 ) (1980). 14 227…
cited Cited as authority (rule) Hughes v. State
Ga. · 1998 · confidence medium
Bowers v. Moore, 266 Ga. 893, 895 ( 471 SE2d 869 ) (1996) (citing Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975)).
discussed Cited as authority (rule) Craft v. State
Ga. Ct. App. · 1998 · confidence medium
The state may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Barber v. State
Ga. Ct. App. · 1998 · confidence medium
The State may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.’ Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) [(1975)].
discussed Cited as authority (rule) King v. State
Ga. Ct. App. · 1997 · confidence medium
The [S]tate may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ).
discussed Cited as authority (rule) Bowers v. Moore
Ga. · 1996 · confidence medium
Two of the prior convictions relied upon by the district court in sentencing Moore were based upon the 1973 and 1978 guilty pleas. 3 See Zant v. Pitts, 263 Ga. 529 ( 436 SE2d 4 ) (1993); OCGA § 17-7-131 (a) (3). 4 Boykin, 395 U. S. at 242 . 5 Id., 395 U. S. at 243-244 . 6 Id., 395 U. S. at 243 . 7 Id.; Breland v. Smith, 247 Ga. 690 (2), 692 ( 279 SE2d 204 ) (1981). 8 Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975). 9 Id. 10 Boykin, 395 U. S. at 242-243 . 11 See n. 7, supra, and accompanying text. 12 This argument is at best dubious.
discussed Cited as authority (rule) Spivey v. State
Ga. Ct. App. · 1989 · confidence medium
Although the trial court incorrectly ruled that defendant had not waived his attorney/client privilege by calling into question his attorney’s competence, see Roberts v. Greenway, 233 Ga. 473, 477 (3) ( 211 SE2d 764 ) (1975); Peppers v. Balkcom, 218 Ga. 749, 751 (2) (d)) ( 130 SE2d 709 ) (1963), this error did not prevent adequate inquiry of trial counsel for our purposes in evaluating the trial court’s denial of the motion for new trial on this ground.
discussed Cited as authority (rule) Dean v. State (2×)
Ga. Ct. App. · 1985 · confidence medium
"The [S]tate may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary." Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
discussed Cited as authority (rule) Wooten v. State (2×)
Ga. Ct. App. · 1982 · confidence medium
Our Supreme Court, in Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ), addressing a similar constitutional issue — a plea of guilty (which is also one of the three personal constitutional rights addressed by Boykin, supra), held: “After a prisoner raises the question of the validity of his plea of guilty [waiver of jury trial in the instant case], the burden is on the state to show that the plea [waiver] was intelligently and voluntarily entered.
cited Cited as authority (rule) Saffo v. State
Ga. Ct. App. · 1982 · confidence medium
Boykin v. Alabama, 395 U. S. 238, 242 (89 SC 1709, 23 LE2d 274); Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ); State v. Germany, 245 Ga. 326 ( 265 SE2d 13 ).
discussed Cited as authority (rule) State v. Pam
Wash. Ct. App. · 1982 · confidence medium
Va. 1965) (dicta); Lewis v. State, 565 P.2d 846 , 850 n.4 (Alaska 1977); State v. Lawonn, 113 Ariz. 113 , 547 P.2d 467, 468 (1976); Morse v. People, 180 Colo. 49 , 501 P.2d 1328, 1331 (1972); Roberts v. Greenway, 233 Ga. 473 , 211 S.E.2d 764, 766-67 (1975); State v. Bastedo, 253 Iowa 103 , 111 N.W.2d 255, 260 (1961); Lodermeier v. State, 292 N.W.2d 798 (S.D. 1980).
discussed Cited as authority (rule) Goss v. State (2×)
Ga. Ct. App. · 1982 · confidence medium
Although it is preferable to have a knowing and intelligent plea of guilty shown on the record of the guilty plea hearing, so as to terminate the issue once and for all, Boykin as construed by Purvis v. Connell, 227 Ga. 764 ( 182 SE2d 892 ); Huff v. Barnett, 230 Ga. 446 ( 197 SE2d 345 ); and Bailey v. Baker, 232 Ga. 84 ( 205 SE2d 278 ), does not require this as the sole means of making this determination.” Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ).
discussed Cited as authority (rule) Lodermeier v. State
Iowa · 1980 · confidence medium
We agree with the reasoning of the appellate court in Roberts v. Greenway, 233 Ga. 473, 477 , 211 S.E.2d 764, 766-767 (1975), hereafter set forth: In this case the petitioner claims the attorney-client privilege in order to thwart a determination as to the validity of the constitutional defect alleged.
discussed Cited as authority (rule) Germany v. State
Ga. Ct. App. · 1979 · confidence medium
This may be done by questioning the defendant, the defense counsel( Roberts v. Greenway, 233 Ga. 473, 476 ( 211 SE2d 764 )), or any other legitimate source available to the trial court that can furnish evidence that the constitutional rights of the defendant have been satisfied.
discussed Cited as authority (rule) Weathers v. State
Ga. Ct. App. · 1979 · confidence medium
This may be done by questioning the defendant, the defense counsel (Roberts v. Greenway, 233 Ga. 473, 476 ( 211 SE2d 764 )), or any other legitimate source available to the trial court that can furnish evidence that the constitutional rights of the defendant have been satisfied.
discussed Cited as authority (rule) Conlogue v. State
Ga. · 1979 · confidence medium
The state may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975). 3.
discussed Cited as authority (rule) Warner v. Jones
Ga. · 1978 · confidence medium
Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274); Purvis v. Connell, 227 Ga. 764 ( 182 SE2d 892 ).” Mack v. Youmans, 228 Ga. 223 (1) ( 184 SE2d 648 ) (1971); Clenney v. State, 229 Ga. 561, 565 ( 192 SE2d 907 ) (1972); Capps v. Ault, 229 Ga. 873 ( 195 SE2d 22 ) (1972); Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ) (1975); Blaylock v. Hopper, 233 Ga. 504, 505 (1) ( 212 SE2d 339 ) (1975); Andrews v. State, 237 Ga. 66 (1) ( 226 SE2d 597 ) (1976); Campbell v. State, 128 Ga. App. 74, 75 (1) ( 195 SE2d 664 ) (1973); Rose v. State, 128 Ga. App. 370 ( 196 SE2d 683 ) (1973).
discussed Cited as authority (rule) Harrell v. State (2×)
Ga. Ct. App. · 1978 · confidence medium
Although it is preferable to have a knowing and intelligent plea of guilty shown on the record of the guilty plea hearing, so as to terminate the issue once and for all, Boykin as construed by Purvis v. Connell, 227 Ga. 764 ( 182 SE2d 892 ); Huff v. Barnett, 230 Ga. 446 ( 197 SE2d 345 ); and Bailey v. Baker, 232 Ga. 84 ( 205 SE2d 278 ), does not require this as the sole means of making this determination." Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 740 ) (1975).
cited Cited as authority (rule) Harris v. Hopper
Ga. · 1976 · confidence medium
Roberts v. Greenway, 233 Ga. 473, 475 ( 211 SE2d 764 ) (1975).
discussed Cited "see" Wharton v. Anderson (2×)
Ga. · 1998 · signal: see · confidence high
See Roberts v. Greenway, 233 Ga. 473 ( 211 SE2d 764 ) (1975).
examined Cited "see" Jones v. Abel (4×)
Ga. Ct. App. · 1993 · signal: see · confidence high
Jacobsen v. Boyle, 196 Ga. App. 411, 413 ( 397 SE2d 1 ) (1990) (evidence of abuse of transference phenomenon relevant in malpractice claim against psychologist); see Roberts v. Greenway, 233 Ga. 473, 477 (3) ( 211 SE2d 764 ) (1975) (habeas corpus petitioner cannot allege deprivation of constitutional rights and then invoke the shield of attorney-client privilege to prevent evaluation of the claim); Peppers v. Balkcom, 218 Ga. 749, 751 (d) ( 130 SE2d 709 ) (1963) (allegation of attorney's professional misconduct waived privilege).
discussed Cited "see" State v. Kight (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Roberts v. Greenway, 233 Ga. 473 ( 211 SE2d 764 ).
discussed Cited "see" Stevens v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See Roberts v. Greenway, 233 Ga. 473, 475 (1) ( 211 SE2d 764 ).
discussed Cited "see" Sims v. State (2×)
Ga. Ct. App. · 1983 · signal: see · confidence high
See Roberts v. Greenway, 233 Ga. 473 (1) ( 211 SE2d 764 ) (where an appellant questioned the validity of his guilty plea).
discussed Cited "see" Germany v. State (2×)
Ga. Ct. App. · 1980 · signal: see · confidence high
See generally Roberts v. Greenway, 233 Ga. 473 ( 211 SE2d 764 ) (1975).
discussed Cited "see" State v. Germany (2×)
Ga. · 1980 · signal: see · confidence high
See Andrews v. State, 237 Ga. 66 ( 226 SE2d 597 ) (1976), and Roberts v. Greenway, 233 Ga. 473 ( 211 SE2d 764 ) (1975).
discussed Cited "see, e.g." United States Ex Rel. Edney v. Smith (2×)
E.D.N.Y · 1976 · signal: see also · confidence low
See also Roberts v. Green way, 233 Ga. 473 , 211 S.E.2d 764 (1975); State v. Lawonn, 113 Ariz. 113 , 547 P.2d 467 (1976); Singleton v. State, 90 Nev. 216 , 522 P.2d 1221 (1974).
Roberts
v.
Greenway
29390.
Supreme Court of Georgia.
Jan 9, 1975.
211 S.E.2d 764
Thomas M. West, for appellant., Ken Stula, Solicitor, William G. Solomon, John Ray Nicholson, for appellee.
Jordan, Gunter, Ingram, Hill.
Cited by 75 opinions  |  Published

Lead Opinion

Jordan, Justice.

Patrick Roberts appeals from the denial of his petition for a writ of habeas corpus in Clarke Superior Court.

The appellant was arrested pursuant to four different warrants charging him with the crime of cheating and swindling. In the company of his appointed counsel he appeared before the magistrate’s court of Clarke County and waived a commitment hearing with respect to all of the charged offenses. On October 3,1973, appellant and his attorney appeared in the State Court of Clarke County and signed written pleas of guilty to all four of the offenses charged. Appellant was then sentenced to twelve months confinement on two of the charges and to twelve months probation on each of the other charges.

Appellant claimed in his petition for habeas relief that the pleas of guilty were entered without an understanding of the possible consequences evolving from the entry of said pleas, and therefore the pleas were entered in violation of his constitutional rights.

In an attempt to prove that the pleas were entered knowingly and voluntarily the attorney for the respondent directed questions toward appellant’s trial counsel concerning the extent to which he had informed appellant as to the possible and probable consequences of entering the pleas. Appellant objected to this line of[*474] questioning on the grounds that it invaded the province of the attorney-client privilege. The objection was sustained by the habeas judge, and such evidence was not admitted.

It was established at the hearing that no Boykin v. Alabama record was established at the time the pleas were entered. The State Court Judge testified that it was not his practice to make such a record, the rationale being that he assumed the requisite information was imparted by the defendant’s attorney.

The habeas judge after making the above findings of fact ruled that "The petitioner herein has not met the burden of proof resting upon him to show that he did not make a knowing and intelligent waiver of any of his rights under the Constitutions of the State of Georgia or the United States or was not adequately advised of the possible consequences of the pleas of guilty entered by him in each of the . . . cases.” The habeas judge based his conclusions of law on the grounds that: (1) the judgments and sentences were valid on the face thereof and the petitioner in a habeas corpus action attacking such judgment has the burden of proving any invalidity based on an alleged denial of his constitutional rights; (2) that a defendant in a criminal case was aware of his constitutional rights at the time of the entry of a plea of guilty and made a knowing and intelligent waiver thereof may be proved by extrinsic evidence as well as by a transcript of the proceeding at which the plea of guilty was entered; (3) that an attorney is an officer of the court; and when he is competent and experienced in matters under litigation there is a presumption that he has adequately discharged his responsibility and duties as such; (4) that this presumption is sufficient, in the absence of any evidence to the contrary, to support a finding that an attorney who is competent and experienced in criminal litigation adequately and properly advised his client as to his rights under the Constitutions of the United States and of Georgia with respect to criminal charges pending against the client and of the possible consequences of a plea of guilty to such charges; and (5) that the petitioner herein has not met the burden of proof resting upon him to show that he did not make a knowing and intelligent waiver of any of his[*475] rights under the Constitutions of the State of Georgia or the United States or was not adequately advised of the possible consequences of the pleas of guilty entered by him in each of the above referred to cases.

The appellant contends that the habeas court erred in denying his petition and remanding him to custody.

1. After carefully studying the briefs of the parties and the order of the court in the above styled appeal, it appears that there still exists some confusion as to the standards dictated by Boykin v. Alabama, 395 U. S. 238, 242 (89 SC 1709, 23 LE2d 274) (1969), and how these standards have been construed by the appellate courts of this state. We feel that this case presents an opportunity to put at least some of this confusion to rest.

Appellant first contends that Boykin requires an affirmative showing on the record of the guilty plea hearing that a defendant’s plea of guilty was intelligently and voluntarily entered.

After a prisoner raises the question of the validity of his plea of guilty, the burden is on the state to show that the plea was intelligently and voluntarily entered. The state may accomplish this end by two means, (1) showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or (2) fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary. Although it is preferable to have a knowing and intelligent plea of guilty shown on the record of the guilty plea hearing, so as to terminate the issue once and for all, Boykin as construed by Purvis v. Connell, 227 Ga. 764 (182 SE2d 892); Huff v. Barnett, 230 Ga. 446 (197 SE2d 345); and Bailey v. Baker, 232 Ga. 84 (205 SE2d 278), does not require this as the sole means of making this determination.

2. The habeas judge correctly determined that extrinsic evidence was admissible to determine the validity of the guilty pleas. However in reviewing the evidence, the court stated in its order that where a judgment of a court is valid on its face sentencing a criminal to confinement it is prima facie valid, and that a petitioner in a habeas corpus action wishing to attack the judgment has the burden of proving any alleged con[*476] stitutional infirmity. As we stated in Purvis, supra, p. 767, with respect to the validity of guilty pleas, "this presumption can no longer be indulged with the advent of the Boykin case. . . After the question is raised in the petition the burden is on the state to prove that the plea was knowingly and voluntarily entered.

The trial court further erred in holding that the presumption that an attorney has adequately discharged his responsibilities and duties, in the absence of any evidence to the contrary, is sufficient "to support a finding that an attorney who is competent and experienced in criminal litigation adequately and properly advised his client as to his rights under the Constitutions of the United States and of Georgia with respect to criminal charges pending against the client and of the possible consequences of a plea of guilty to such charges. See 7 C JS, Attorney and Client, § 157c (1); 31A CJS, Evidence, § 146, p. 338, Footnote 39 and cases cited.”

Although this presumption may be considered in determining whether the plea was valid, this presumption alone is insufficient, in and of itself, to support a holding that the state has adequately carried its burden of proof that the pleas were knowing and voluntary. As stated before, Boykin and our cases following Boykin require that the state make an affirmative showing that the plea is constitutionally valid.

3. We have carefully reviewed the evidence presented by the state at the habeas hearing that is the subject of this appeal. We find that the state failed to carry the burden of showing that the appellant’s pleas were entered with a full understanding of what the possible consequences might be. However in making this decision we cannot overlook the fact that the state was prevented from making the required showing by virtue of a ruling made by the habeas judge that any communications between the appellant and his attorney prior to the entry of the guilty pleas were privileged under the attorney-client privilege and therefore inadmissible. We do not agree with this ruling.

In this case the petitioner makes no claim that his attorney was incompetent, negligent or guilty of any[*477] misconduct, and yet claims the attorney-client privilege in order to thwart a determination as to the validity of the constitutional defect alleged. A petitioner for habeas coipus relief cannot allege that he was deprived of his constitutional rights and then invoke the shield of the attorney-client privilege to prevent an accurate determination of the merit of his claim. As we said in Bailey v. Baker, supra, quoting from United States v. Woodall, 438 F2d 1317, 1326 "Courts earnestly pursuing reality would be hard put to justify a rule that would allow a defendant ... to assert that his solemn pleas of guilty were negated for lack of accurate information of sentence consequences, then permit him to run a procedural trap play that would block the development of the plain truth... Not only does this specious sophistry fail to protect confidential relationships, it trifles with the truth — it scoffs at justice — and we reject it flatly.” We stated this in Bailey, supra, and we state it now. To hold otherwise would be at cross purposes with the true function of a habeas corpus hearing, which is to determine the truth or falsity of the alleged constitutional infirmities.

Argued November 13, 1974 — Decided January 9, 1975. Thomas M. West, for appellant. Ken Stula, Solicitor, William G. Solomon, John Ray Nicholson, for appellee.

In light of Bailey, supra, and this opinion we reverse the judgment of the trial court and remand this case for an evidentiary hearing not inconsistent with this opinion.

Judgment reversed and remanded with direction.

All the Justices concur, except Gunter and Ingram, JJ., who concur in the judgment only. Hill, J., not participating.

Concurrence

Gunter, Justice,

concurring.

I concur in the judgment of reversal only. My concurrence is based on my dissenting opinions in Huff v. Barnett, 230 Ga. 446 (197 SE2d 345) and Bailey v. Baker, 232 Ga. 84 (205 SE2d 278).