Parker v. Rollins
Parker v. Rollins
Opinion of the Court
Conley Eugene Rollins filed a petition for writ of habeas corpus asserting, inter alia, the ground that his plea of guilty to armed robbery and concealing the death of another was not knowingly and vol
to learn the factual basis from material contained in parts of the record other than the guilty plea hearing so long as the trial court makes clear on the plea hearing record that he is relying on those parts of the record and so long as those parts of the record are made a part of the record for appeal. [Cits.] In such an event, the record of the guilty plea hearing would show the trial court’s awareness of the factual basis of the plea.
Evans, supra at 335. In the event the record does not adequately demonstrate the factual basis in the ways discussed in Division 2 of Evans, this Court held that the propriety of the guilty plea must then be examined in light of the manifest injustice test as discussed in Division 3 of Evans.
We remand this case to the habeas court with direction that it consider this case in light of our recent holdings in Evans and Green, supra.
Case remanded with direction.
USCR 33.9 provides:
Notwithstanding the acceptance of a plea of guilty, the judge should not enter a judgment upon such plea without making such inquiry on the record as may satisfy him that there is a factual basis for the plea.
Reference
- Full Case Name
- PARKER v. ROLLINS
- Status
- Published