State v. Germany, 265 S.E.2d 13 (Ga. 1980). · Go Syfert
State v. Germany, 265 S.E.2d 13 (Ga. 1980). Cases Citing This Book View Copy Cite
129 citation events (24 in the last 25 years) across 3 distinct courts.
Strongest positive: Green v. State (ga, 2012-09-10)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 29 distinct citers.
cited Cited as authority (rule) Green v. State
Ga. · 2012 · confidence medium
State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
discussed Cited as authority (rule) Flint v. State
Ga. · 2010 · confidence medium
Because a record of the guilty plea hearing helps to ensure that the State can meet its burden of proof on the voluntariness of the plea and to enable reviewing courts to determine that the rights of the accused have been protected, see State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980), this Court since 1982 has expressly required that the record of a guilty plea hearing must be adequate for a reviewing court to determine whether the mandate of Boykin v. Alabama was followed.
cited Cited as authority (rule) Foskey v. Battle
Ga. · 2004 · confidence medium
Boykin v. Alabama, supra, 395 U. S. at 243 ; State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980).
cited Cited as authority (rule) Britt v. Smith
Ga. · 2001 · confidence medium
State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980); Roberts, 233 Ga. at 475 ; Bowers, 266 Ga. at 895 ; Knight, 269 Ga. at 816 ; Byrd, 271 Ga. at 692 ; Clowers, 272 Ga. at 464-465 .
examined Cited as authority (rule) Clowers v. Sikes (7×) also: Cited "see"
Ga. · 2000 · confidence medium
State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980).
discussed Cited as authority (rule) McFadden v. State
Ga. Ct. App. · 2000 · confidence medium
King v. Hawkins, 266 Ga. 655 -656 ( 469 SE2d 30 ). 2 Germany v. State, 151 Ga. App. 866, 867 ( 261 SE2d 774 ), rev’d on other grounds, 245 Ga. 326, 328-329 ( 265 SE2d 13 ) (“[T]here is no procedural requirement that the judge personally make all the inquiries provided that they are made in [his or her] presence”). 3 (Citations and punctuation omitted.) Cunningham v. State, 239 Ga. App. 889, 890 (1) ( 522 SE2d 480 ). 4 Id. at 891 , citing Bevil v. State, 220 Ga. App. 1, 3 (7) (b) ( 467 SE2d 586 ) and Johns v. State, 223 Ga. App. 553, 554 (2) ( 479 SE2d 388 ).
discussed Cited as authority (rule) Isaac v. State
Ga. Ct. App. · 1999 · confidence medium
Accordingly, the notice of appeal does not come within the rule set forth in Livingston , but instead operated to divest the trial court of jurisdiction to modify its judgment. 3 Romano, supra, stated that a hearing is not required on a motion to withdraw a guilty plea, while Weathers v. State, 149 Ga. App. 617, 619-620 ( 255 SE2d 90 ) (1979), overruled on *728 other grounds by State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980), held that a hearing is necessary. 4 Because of our ruling above, it is not necessary to consider the State’s contention that the pro se motion to withdraw was…
discussed Cited as authority (rule) Wharton v. Henry
Ga. · 1996 · confidence medium
Additionally, the reviewing court can determine that the rights of the accused have been protected. ... ‘A comprehensive on-the-record inquiry . . . “forestalls the spin-off of collateral proceedings” . . ,’ [cit.].” State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980). 4 I again impress upon the bench and bar the need to adhere to USCR 33 in entertaining and accepting guilty pleas.
cited Cited as authority (rule) Penney v. Vaughn
M.D. Ga. · 1994 · confidence medium
State v. Germany, 245 Ga. 326 , 265 S.E.2d 13, 15 (1980) (emphasis added).
cited Cited as authority (rule) Price v. State
Ga. · 1990 · confidence medium
Goodman v. Davis, 249 Ga. 11, 16-17 ( 287 SE2d 26 ) (1982); State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
cited Cited as authority (rule) Lewis v. State
Ga. Ct. App. · 1989 · confidence medium
Id. at 243 and n. 5.” State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980).
cited Cited as authority (rule) Logan v. State
Ga. · 1987 · confidence medium
State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980); Boykin v. Alabama, 395 U. S. 238, 242-44 (89 SC 1709, 23 LE2d 274) (1969).
discussed Cited as authority (rule) Smith v. State (2×)
Ga. Ct. App. · 1985 · confidence medium
The United States Supreme Court has . . . stated that a violation of Rule 11 is not a constitutional violation. [Cit.]" State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
cited Cited as authority (rule) Harris v. State
Ga. Ct. App. · 1983 · confidence medium
State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ).
discussed Cited as authority (rule) Stapp v. State
Ga. · 1982 · confidence medium
The majority of the Court of Appeals held that “Appellant’s right to withdraw his plea was implicit in this question asked him by the district attorney.” “The fact that here the guilty plea inquiries were addressed to the defendant by the district attorney instead of the trial court is not a ground for reversal.” State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
discussed Cited as authority (rule) Pough v. State
Ga. Ct. App. · 1982 · confidence medium
It appears same completely conformed with the requirements of Boykin v. Alabama, 395 U. S. 238 (2), 242-243 (89 SC 1709, 23 LE2d 274), and our Georgia cases such as Waye v. State, 239 Ga. 871, 876 ( 238 SE2d 923 ); Barksdale v. Ricketts, 233 Ga. 60, 61 ( 209 SE2d 631 ); State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ).
discussed Cited as authority (rule) Goodman v. Davis
Ga. · 1982 · confidence medium
“If the record is deficient of such evidence, the state may not be able to show voluntariness in a later habeas corpus appeal. [Cits.] It is certainly good procedure ‘for a state judge ... to conduct a careful inquiry into the defendant’s understanding of the nature and consequences of his plea...’” State *14 v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
cited Cited as authority (rule) Minchey v. State
Ga. Ct. App. · 1980 · confidence medium
State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
examined Cited "see" Cox v. State (4×)
Ga. · 2005 · signal: see · confidence high
See State v. Germany, 245 Ga. 326 ( 265 SE2d 13 ) (1980).
discussed Cited "see" Roper v. State (2×)
Ga. Ct. App. · 2000 · signal: accord · confidence high
Accord Maddox v. State, 218 Ga. App. 320, 321 (1) ( 461 SE2d 286 ) (1995) (pro se filings of inmate represented by counsel given no legal effect whatsoever). 2 State v. Evans, 265 Ga. 332, 334 (1) ( 454 SE2d 468 ) (1995). 3 USCR 33.7. 4 Goodman v. Davis, 249 Ga. 11, 14-15, fn. 2 ( 287 SE2d 26 ) (1982). 5 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). 6 State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980).
discussed Cited "see" Graham v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ). ‘It is presumed that counsel will fulfill the role in the adversary process that the Sixth Amendment envisions, and has rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.
examined Cited "see" King v. State (3×) also: Cited "see, e.g."
Ga. · 1998 · signal: see · confidence high
See Germany, 245 Ga. at 328 .
discussed Cited "see" Brown v. State (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ).
discussed Cited "see" Freeman v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See State v. Germany, 245 Ga. 326, 328-329 ( 265 SE2d 13 ) (1980).
discussed Cited "see" Mathis v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See State v. Germany, 245 Ga. 326 ( 265 SE2d 13 ) (1980); Purvis v. Connell, 227 Ga. 764 ( 182 SE2d 892 ) (1971).
discussed Cited "see" Jones v. State (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
“Under the evidence before the [trial] court . . . there was a sufficient showing [by the state] that [Jones] had been represented by counsel, had been advised of his rights with reference to entering *624 the plea and that he had freely and voluntarily entered same with the advice of counsel.” Goolsby v. State, 146 Ga. App. 17, 19 ( 245 SE2d 354 ) (1978); see State v. Germany, 245 Ga. 326 ( 265 SE2d 13 ) (1980).
examined Cited "see, e.g." Green v. State (4×)
Ga. · 2024 · signal: compare · confidence medium
Compare Britt, 274 Ga. at 612 (citing Nash, 271 Ga. at 285 , for the proposition that the State’s “only burden” was to prove the defendant’s “articulated waiver of the three Boykin rights”) with Goodman, 249 Ga. at 13-15 (I) & n.2 (discussing Boykin, our own prior precedent, and Boykin decisions from the fed- eral courts of appeals (citing State v. Germany, 245 Ga. 326, 328 ( 265 SE2d 13 ) (1980); Andrews v. State, 237 Ga. 66, 67 (1) & n.1 (226 57 SE2d 597 ) (1976))).14 Nor are there any reliance interests to speak of.
discussed Cited "see, e.g." Ransom v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
Himes, Assistant District Attorney, for appellee. 1 Weeks v. State, 260 Ga. App. 129 ( 578 SE2d 910 ) (2003). 2 (Citation and footnote omitted.) Id. at 129-130 . 3 Jones v. State, 268 Ga. App. 723, 724 (1) ( 603 SE2d 73 ) (2004). 4 Id. 5 See Weeks, supra at 131 (1); see also Voils v. State, 266 Ga. App. 738, 742 (2) ( 598 SE2d 33 ) (2004) (“To the extent that [the defendant’s] testimony at the hearing on his motion to withdraw contradicted his testimony at the plea hearing, credibility issues arose, which only the trial court could resolve.”) (citation omitted). 6 State v. Germany, 245 G…
discussed Cited "see, e.g." McDaniel v. State (2×)
Ga. Ct. App. · 1985 · signal: see also · confidence low
See also State v. Germany, 245 Ga. 326 ( 265 SE2d 13 ).
The State
v.
Germany
35767.
Supreme Court of Georgia.
Feb 26, 1980.
265 S.E.2d 13
William F. Lee, Jr., District Attorney, Michael G. Kam, Assistant District Attorney, for appellant., Arthur K. Bolton, Attorney General, Michael R. Johnson, Staff Assistant Attorney General, Lewis R. Slaton, District Attorney, amicus curiae., Charles Lumpkin, for appellee.
Nichols.
Cited by 53 opinions  |  Published
Nichols, Chief Justice.

Certiorari was granted in this case to consider the applicability of Rule 11 of the Federal Rules of Criminal Procedure to state court proceedings. Germany v. State, 151 Ga. App. 866 (261 SE2d 774) (1979).

The defendant was indicted for fraud in obtaining public assistance. Code Ann. § 99-9904. Over a two-year period, she had obtained approximately $6,000 in food stamps, public assistance, and medicaid payments, while also receiving a military allotment from her husband. At arraignment, the defendant pled guilty and waived her right to counsel. She was sentenced to two years imprisonment. A later motion to withdraw her guilty plea was denied by the trial court. The defendant appealed, enumerating as error the trial court’s overruling of her motion to withdraw the guilty plea and the trial court’s failure to grant an appeal bond. The Court of Appeals reversed, holding that Purvis v. Connell, 227 Ga. 764 (182 SE2d 892) (1971), requires the strict application of Rule 11 of the Federal Rules of Criminal Procedure to a state criminal proceeding. Accordingly, the Court of Appeals held that questions relating to the defendant’s awareness of the charge, the maximum penalty, the right to plead not guilty, to have a jury trial, and to have the assistance of counsel should have been addressed to the defendant by the trial court rather than by the district attorney. This court reverses.

The federal courts have interpreted Rule 11 to require that "the judge personally address the defendant” and "inform him of, and determine that he understands... the nature of the charge to which the plea is offered . . .” United States v. Clark, 574 F2d 1357 (5th Cir. 1978); Coody v. United States, 570 F2d 540 (5th Cir. 1978). The federal courts require nearly literal compliance with their Rule 11 procedure. It is not permissible to allow the prosecutor to perform the trial judge’s task of addressing the defendant. "Allowing the prosecutor to make the required inquiries of the defendant results in the creation of an atmosphere of subtle coercion that clearly contravenes the policy behind Rule 11.” United States v.[*327] Crook, 526 F2d 708 (5th Cir. 1976). Cf. United States v. Hamilton, 568 F2d 1302 (9th Cir. 1978), which permitted the prosecutor to explain the applicable penalties to the defendant. Hamilton distinguished Crook, because in Crook the trial judge "completely . . . delegated his responsibilities.” Id. at 1306. See generally United States v. King, 604 F2d 411 (5th Cir. 1979); United States v. Dayton, 604 F2d 931 (5th Cir. 1979).

In state court proceedings, however, literal compliance with Rule 11, is not mandatory. The genesis of requiring a Rule 11 type inquiry in state courts occurred in Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). In Boykin, the court held that when the accused pleads guilty the record must disclose the defendant’s voluntary waiver of his constitutional rights. The court would not presume a waiver, if it was not affirmatively shown on the record. Id. at 243 and n. 5. The Rule 11 procedure is designed to insure that before the defendant pleads guilty he is informed of his rights, and that he understands the action he is taking. The Rule 11 procedure also creates a record to demonstrate that the defendant "entered his plea freely and intelligently . . .” McCarthy v. United States, 394 U. S. 459 (89 SC 1166, 22 LE2d 418) (1969).

In Purvis v. Connell, 227 Ga. 764, supra, relied on by the Court of Appeals, this court stated that after Boykin "a state trial judge, in accepting a plea of guilty,... has the same duty in this respect that a federal trial judge has under Rule 11 of the Federal Rules of Criminal Procedure.” 227 Ga. at 766-67. In Purvis, there was no record of any questions being asked the defendant concerning voluntary waiver of his rights prior to pleading guilty and, therefore, the sentences were set aside. The broad requirement that our state courts follow Rule 11 was further defined in Huff v. Barnett, 230 Ga. 446 (197 SE2d 345) (1973), and in Bailey v. Baker, 232 Ga. 84 (205 SE2d 278) (1974). Huff field it was harmless error when a trial judge failed to question the accused, where the accused was advised of her rights by defense counsel. In Bailey, the guilty plea was upheld even though the record did not show that the trial judge personally .addressed the defendant. Further refinement of the[*328] Purvis statement occurs in Hill v. Hopper, 233 Ga. 633 (212 SE2d 810) (1975), where a failure to advise the accused of the minimum-maximum punishment (as Rule 11 explicitly requires) was not a ground for reversal. Thus, in several cases this court has not required literal compliance with every aspect of Rule 11.

Of course, by making a record of the guilty plea hearing, the state will be better able to show that the plea was voluntarily and intelligently entered. Additionally, the reviewing court can determine that the rights of the accused have been protected. If the record is deficient of such evidence, the state may not be able to show voluntariness in a later habeas corpus appeal. See Andrews v. State, 237 Ga. 66 (226 SE2d 597) (1976), and Roberts v. Greenway, 233 Ga. 473 (211 SE2d 764) (1975). It is certainly good procedure "for a state judge ... to conduct a careful inquiry into the defendant’s understanding of the nature and consequences of his plea. A comprehensive on-the-record inquiry .. . 'forestalls the spin-off of collateral proceedings’...” Roddy v. Black, 516 F2d 1380 (6th Cir. 1975). And although not adopted by this court, Rule 11 "contains a good list of the considerations of which the trial court must be satisfied before accepting a guilty plea.” 237 Ga. at 67, n. 1.

The history of Rule 11 in this state indicates that this court has not required literal compliance with its terms. The federal cases applying Rule 11, while suggestive of "good procedure,” are not absolute requisites for our courts. Rule 11 "is not a rule of constitutional magnitude. [Cit.]” 233 Ga. at 634. The United States Supreme Court has also recently stated that a violation of Rule 11 is not a constitutional violation. United States v. Timmreck,-U. S.-(99 SC 2085, 60 LE2d 634) (1979).

The fact that here the guilty plea inquiries were addressed to the defendant by the district attorney instead of the trial court is not a ground for reversal. Accordingly, any language to the contrary in Weathers v. State, 149 Ga. App. 617 (255 SE2d 90) (1979), will not be followed. So long as the substantive requirements of Boykin concerning the defendant’s guilty plea are met, there is no procedural requirement that the judge personally make all the inquiries provided that they are[*329] made in his presence.

Argued January 21, 1980 Decided February 26, 1980. William F. Lee, Jr., District Attorney, Michael G. Kam, Assistant District Attorney, for appellant. Arthur K. Bolton, Attorney General, Michael R. Johnson, Staff Assistant Attorney General, Lewis R. Slaton, District Attorney, amicus curiae. Charles Lumpkin, for appellee.

Judgment reversed.

All the Justices concur.