Bazemore v. State, 535 S.E.2d 760 (Ga. 2000). · Go Syfert
Bazemore v. State, 535 S.E.2d 760 (Ga. 2000). Cases Citing This Book View Copy Cite
90 citation events (90 in the last 25 years) across 4 distinct courts.
Strongest positive: RAMIREZ v. the STATE. (gactapp, 2018-05-03)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 25 distinct citers.
discussed Cited as authority (quoted) RAMIREZ v. the STATE. (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
certainly, evidence of a routine or standard practice or procedure can be used in demonstrating compliance with constitutional standards.
discussed Cited as authority (quoted) Rudolph v. State (2×) also: Cited "see"
Ga. Ct. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
certainly, evidence of a routine or standard practice or procedure can be used in demonstrating compliance with constitutional standards.
discussed Cited as authority (quoted) Brinkley v. State (2×) also: Cited "see"
Ga. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
certainly, evidence of a routine or standard practice or procedure can be used in demonstrating compliance with constitutional standards.
discussed Cited as authority (rule) Brett Williams v. State
Ga. Ct. App. · 2015 · confidence medium
See Barker v. Barrow, 290 Ga. 711, 714 (9) ( 723 SE2d 905 ) (2012); Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000). 3 Citing the Uniform Superior Court Rules, Williams also argues that, because the record does not contain a verbatim transcript, it does not sufficiently show that the trial court determined that there was a factual basis for the plea.
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2015 · confidence medium
See Barker v. Barrow, 290 Ga. 711, 714 (1) ( 723 SE2d 905 ) (2012); Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000).
discussed Cited as authority (rule) Levon Bazemore v. United States (2×)
11th Cir. · 2014 · confidence medium
Bazemore v. State, 273 Ga. 160 , 535 S.E.2d 760, 761-63 (2000).
examined Cited as authority (rule) LEJEUNE v. McLAUGHLIN (6×)
Ga. · 2014 · signal: cf. · confidence medium
Cf. Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000) (advice given to petitioner in connection with 1988 pleas did not show that petitioner was aware of his constitutional rights at the time of his 1990 plea).
cited Cited as authority (rule) Perkins v. State
Ala. Crim. App. · 2012 · confidence medium
Bazemore v. State, 273 Ga. 160, 162 (1), 535 S.E.2d 760 (2000); Jackson v. Hopper, 243 Ga. 41, 42 , 252 S.E.2d 467 (1979).
cited Cited as authority (rule) Barker v. Barrow
Ga. · 2012 · confidence medium
Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000); Jackson v. Hopper, 243 Ga. 41, 42 ( 252 SE2d 467 ) (1979).
discussed Cited as authority (rule) Tyner v. State (2×) also: Cited "see"
Ga. · 2011 · confidence medium
See King v. State, 270 Ga. 367, 369 ( 509 SE2d 32 ) (1998) (on direct appeal); Bazemore v. State, 273 Ga. 160, 161 ( 535 SE2d 760 ) (2000) (in habeas corpus).
discussed Cited as authority (rule) Trapp v. State
Ga. Ct. App. · 2011 · confidence medium
Smith, P. J., and Dillard, J., concur. 1 See Maddox v. State, 278 Ga. 823, 826 (4) ( 607 SE2d 587 ) (2005) (After sentence has been pronounced, a guilty plea may be withdrawn only to correct a manifest injustice, such as, “if, for instance, a defendant is denied effective assistance of counsel, or the guilty plea was entered involuntarily or without an understanding of the nature of the charges.”) (citation and punctuation omitted). 2 (Punctuation and footnotes omitted.) Hubbard v. State, 301 Ga. App. 388 -389 ( 687 SE2d 589 ) (2009). 3 Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 76…
discussed Cited as authority (rule) Hubbard v. State
Ga. Ct. App. · 2009 · confidence medium
David Miller, District Attorney, Laura A. Wood, Assistant District Attorney, for appellee. 1 Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 760 ) (2000). 2 (Citations omitted.) Cazanas v. State, 270 Ga. 130, 131 ( 508 SE2d 412 ) (1998). 3 Maddox v. State, 278 Ga. 823, 826 (4) ( 607 SE2d 587 ) (2005). 4 (Citation and punctuation omitted.) Id. 5 Norris v. State, 277 Ga. App. 289, 292 (1) ( 626 SE2d 220 ) (2006). 6 (Citation and punctuation omitted.) Id. 7 OCGA § 16-6-4 (b) (1). 8 (Emphasis supplied.) 9 227 Ga. App. 390 ( 489 SE2d 138 ) (1997). 10 Id. at 390-392 (1). 11 Id. at 391 (1). 12 Se…
discussed Cited as authority (rule) Robertson v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
Johnson, P. J., and Ellington, J., concur. 1 Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 760 ) (2000). 2 (Citations omitted.) Cazanas v. State, 270 Ga. 130, 131 ( 508 SE2d 412 ) (1998). 3 (Citation omitted.) Bazemore, supra. 4 (Citations omitted.) Cazanas, supra, citing Uniform Superior Court Rule 33.12. 5 (Citations omitted.) Thomas v. State, 231 Ga. 298, 300 (1) ( 201 SE2d 415 ) (1973); accord Likely v. State, 293 Ga. App. 484, 485 ( 667 SE2d 648 ) (2008). 6 See Brown v. State, 259 Ga. App. 576, 578 ( 578 SE2d 188 ) (2003). 7 See OCGA § 16-8-41 (b). 8 See OCGA § 16-11-106 (b). 9 Cf.…
discussed Cited as authority (rule) Allison v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000).
examined Cited as authority (rule) Baisden v. State (3×) also: Cited "see, e.g."
Ga. · 2005 · confidence medium
“Certainly, evidence of a routine or standard practice or procedure can be used in demonstrating compliance with constitutional standards. [Cit.]” Bazemore v. State, 273 Ga. 160, 162 (1) ( 535 SE2d 760 ) (2000).
examined Cited as authority (rule) Green v. State (3×)
Ga. · 2005 · confidence medium
As the majority recognizes, this Court held in Bazemore v. State, 273 Ga. 160, 162 (1), 535 S.E.2d 760 (2000) that testimony by defense counsel regarding his "routine or standard practice or procedure" can be used to demonstrate compliance with constitutional standards.
discussed Cited as authority (rule) State v. Futch
Ga. · 2005 · confidence medium
All the Justices concur. 1 Foskey v. Battle, 277 Ga. 480, 482 ( 591 SE2d 802 ) (2004). 2 Bazemore v. State, 273 Ga. 160, 161 ( 535 SE2d 760 ) (2000). 3 See Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). 4 Foskey, 277 Ga. at 482 ; Bazemore, 273 Ga. at 162 . 5 Zant v. Cook, 259 Ga. 299 ( 379 SE2d 780 ) (1989). 6 See OCGA § 9-14-42 (c) (1) (person whose felony conviction had become final as of July 1, 2004, has until July 1, 2008 to bring a habeas petition).
discussed Cited as authority (rule) Foskey v. Battle
Ga. · 2004 · confidence medium
The attorney who represented petitioner at the guilty plea hearing testified about his normal practice of informing a client that a guilty plea waives the right to trial and the right to subpoena witnesses and, in response to petitioner’s questioning, stated, “If it’s not on the form [the transcript of proceeding], I didn’t advise you of that right.” While evidence of an attorney’s routine or standard practice can support a finding of compliance with constitutional standards (Bazemore v. State, 273 Ga. 160, 162 ( 535 SE2d 760 ) (2000)), the attorney’s testimony at the habeas hear…
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) Wetherington v. Carlisle
Ga. · 2001 · confidence medium
“Once a petitioner raises a question about the validity of a guilty plea, the State has the burden to show that the plea was voluntarily, knowingly, and intelligently made.” Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 760 ) (2000).
examined Cited "see" State v. Kelley (4×)
Ga. · 2016 · signal: see · confidence high
See Bazemore v. State, 273 Ga. 160 (1) ( 535 SE2d 760 ) (2000).
discussed Cited "see, e.g." Robinson v. State (2×)
Ga. · 2008 · signal: compare · confidence low
Compare Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 760 ) (2000) (habeas).
discussed Cited "see, e.g." Brown v. State (2×)
Ga. Ct. App. · 2007 · signal: compare · confidence low
Compare Bazemore v. State, 273 Ga. 160 ( 535 SE2d 760 ) (2000).
discussed Cited "see, e.g." Hawes v. State (2×)
Ga. · 2007 · signal: see also · confidence medium
See also Bazemore v. State, 273 Ga. 160, 163 ( 535 SE2d 760 ) (2000).
discussed Cited "see, e.g." Beckworth v. State (2×)
Ga. · 2006 · signal: see also · confidence low
See also Bazemore v. State, 273 Ga. 160 (1) ( 535 SE2d 760 ) (2000).
Bazemore
v.
the State
S00A1100.
Supreme Court of Georgia.
Oct 10, 2000.
535 S.E.2d 760
Levon Bazemore, pro se., Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.
Hines.
Cited by 33 opinions  |  Published
1 passages pin-cited by 3 cases
Pinpoint authority: #23,883 of 633,719
Citer courts: Court of Appeals of Georgia (3)
Hines, Justice.

We granted Levon Bazemore an appeal from the denial of his petition for writ of habeas corpus to consider whether his 1990 guilty pleas were constitutionally valid under Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969). We conclude that they were not, and reverse.

On June 13, 1990, Bazemore entered guilty pleas in unrelated cases for theft by receiving and theft by taking. He was represented by counsel and received concurrent sentences of four years with one year to be served in confinement and the balance to be served on unsupervised probation. In addition, Bazemore consented to revocation of his probation for possession of a controlled substance for a concurrent 12 months with credit for time served. The convictions resulted in enhancement of a federal sentence Bazemore is serving.

In August 1998, Bazemore filed a pro se petition for writ of habeas corpus alleging that he did not enter the 1990 pleas knowingly and voluntarily and that his attorney was ineffective for allowing him to enter the invalid pleas. Following the filing of the pro se petition, Bazemore obtained counsel who represented him at the habeas hearing and who also filed a post-hearing brief on Bazemore’s[*161] behalf.

1. Once a petitioner raises a question about the validity of a guilty plea, the State has the burden to show that the plea was voluntarily, knowingly, and intelligently made. Byrd v. Shaffer, 271 Ga. 691, 692 (2) (523 SE2d 875) (1999); Bowers v. Moore, 266 Ga. 893, 895 (1) (471 SE2d 869) (1996). The State can meet its burden by making a showing on the record that the defendant was cognizant of his rights and the waiver of those rights, or by using extrinsic evidence that shows affirmatively that the guilty plea was entered knowingly and voluntarily. Bowers v. Moore at 895 (1). If the State fails to make such a showing, the guilty plea will be considered invalid. Id.

The habeas court correctly found that the guilty plea transcript did not satisfy the dictates of Boykin v. Alabama for there was no colloquy with Bazemore or any other effort by the sentencing court to ensure that Bazemore understood the constitutional rights he would be waiving. The sentencing court did not pose the mandatory questions and advisements required before a court may accept a guilty plea. There was merely a brief factual statement and a form given to Bazemore acknowledging that the probation would be unsupervised. See Boykin v. Alabama, 395 U. S. at 243-244; Bowers v. Moore at 894 (1).

The habeas court then allowed the State to attempt to show the validity of the pleas through extrinsic evidence. Bowers v. Moore at 895 (1); Knight v. Sikes, 269 Ga. 814, 816 (2) (504 SE2d 686) (1998). Bazemore’s plea attorney, Calhoun, testified that he did not remember Bazemore’s cases, the pleas, or the sentences, but that as a general practice, he and his then-partner advised clients of what the sentence could be; that they had a right to a jury trial; and the consequences of a plea. When asked whether he “usually [went] over certain Constitutional rights with the defendant when he’s going to enter a guilty plea,” Calhoun responded that he “couldn’t say.” He did not know about asking “the statutory questions,” such as satisfaction with his services or the right against self-incrimination. He further testified that he went over only questions “pertinent to my plea.” On cross-examination, Calhoun reaffirmed that he did not “remember anything in this case.” Bazemore testified unequivocally that he was not advised of his rights at the time that he entered the 1990 pleas. Yet, the habeas court found that the State overcame the undisputed irregularities of the plea hearing and that Bazemore’s pleas were knowing and voluntary.

In finding that the pleas were knowing and voluntary, the habeas court expressly relied on Calhoun’s testimony about “his usual practice of making certain that his clients understood their rights prior to accepting a guilty plea” and Calhoun’s statement that Bazemore “certainly knew what he was doing.” But, the attorney’s[*162] testimony did not provide a basis for a favorable determination about the pleas. Certainly, evidence of a routine or standard practice or procedure can be used in demonstrating compliance with constitutional standards. Jackson v. Hopper, 243 Ga. 41, 42 (252 SE2d 467) (1979). However, here Calhoun’s testimony about his usual handling of criminal defendants fell well short of demonstrating that Bazemore was fully informed of the constitutional rights he was waiving by pleading guilty. Knight v. Sikes, supra at 817 (2). What is more, Calhoun’s undisputed failure to remember anything about the pleas renders merely speculative his conclusion that Bazemore certainly knew what he was doing.

In reaching its decision, the habeas court also noted that Bazemore was not mentally impaired; was intelligent; experienced in the criminal processes; and “remained aware of his rights from earlier plea hearings.” The court further observed that at the habeas hearing Bazemore exhibited “more than a passing acquaintance with the case law in this area,” and that his answers appeared contrived and lacking in credibility. But these observations do not support the upholding of the pleas.

Certainly a defendant’s intelligence and cognitive ability may be relevant in assessing the voluntary and knowing nature of a plea. See Bowers v. Moore, supra. But Bazemore’s intelligence cannot substitute for the failure to advise him of the important rights he was relinquishing. Nor can the fact that Bazemore may have been informed of those rights at prior criminal proceedings. The State argues that the pleas at issue satisfy the mandates of Boykin because Bazemore was aware of his rights from his experience with the criminal justice system in 1988 in a plea hearing on an earlier charge, where apparently the Boykin questions were posed and the fact that Bazemore stated at the habeas hearing that he has a good memory. It also cites the fact that Bazemore was advised of his right to a jury trial at an unsuccessful attempt to take pleas for the present criminal conduct approximately two weeks earlier and that Bazemore ultimately obtained a better plea bargain.

But the legal fallacy of the State’s argument is plain. The constitutional rights articulated in Boykin are implicated when a recidivist defendant enters a plea of guilty. Larry v. Hicks, 268 Ga. 487 (491 SE2d 373) (1997). Otherwise the concerns of Boykin would address solely the first time offender. The State’s argument is factually flawed as well. At the time of the 1988 pleas, Bazemore was only eighteen years old, and at the 1999 habeas hearing he testified that any recollection of rights given him during the 1988 plea proceeding was from his review of that proceeding in 1996. As to the aborted plea attempt nearly two weeks before the pleas at issue were entered, the transcript shows that at most the right to a jury trial[*163] was mentioned.

Decided October 10, 2000 Reconsideration denied November 14, 2000. Levon Bazemore, pro se. Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.

The court’s references to Bazemore’s legal knowledge and to Bazemore’s credibility do not save the pleas either. At the habeas hearing, Bazemore testified that the extent of his education was high school and a “little vocational education”; indeed, the record suggests that any knowledge of the criminal law that Bazemore possesses was gleaned subsequent to his entry of the pleas and during the more than eight years until his filing of the present habeas petition. And as to Bazemore’s credibility, even if Bazemore’s testimony is wholly disregarded, there is no evidence of record to support a finding that Bazemore was ever advised of his constitutional rights at the time he entered his pleas, and that he made a knowing and intelligent waiver of those rights.

A plea of guilty is more than a mere confession of certain acts, “it is itself a conviction; nothing remains but to give judgment and determine punishment.” The waiver of constitutional rights that occurs when a plea of guilty is entered is so great that it “demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequences.”

Bowers v. Moore, supra at 894 (1). Unquestionably, here the sentencing court failed in that duty. And the extrinsic evidence does not show affirmatively that the guilty pleas were knowingly and voluntarily entered. Bowers v. Moore at 895 (1), citing Roberts v. Greenway, 233 Ga. 473, 475 (211 SE2d 764) (1975). Accordingly, this Court must conclude that the habeas court erred in finding that the pleas passed constitutional scrutiny and in denying Bazemore relief.

2. Because this Court is reversing the denial of the petition for habeas corpus, it is unnecessary to address the habeas court’s ruling on Bazemore’s coercion claim or the court’s implicit rejection of his charge of ineffective assistance of counsel.

Judgment reversed.

All the Justices concur.