Bishop v. Hall
Bishop v. Hall
Opinion of the Court
**33Following the habeas court's denial of his petition for habeas corpus relief, Richard Bishop filed an application for certificate of probable cause with this Court. We granted Bishop's application to determine whether he was provided a full and fair hearing on his petition for writ of habeas corpus below. For the reasons that follow, we vacate the ruling of the habeas court and remand this case for a new hearing.
The record shows that, shortly after shooting and killing his girlfriend and injuring her other boyfriend on the night of August 12, 2009, then-76-year-old Bishop was arrested. Just twelve days later, representing himself,
Thereafter, the Warden filed an objection to the motion for assistance, arguing that there was no authority for the habeas court to provide Bishop with counsel. Bishop then responded and clarified that he was not requesting that counsel be appointed, he simply **34needed someone to read for him.
Bishop timely and properly appealed the habeas court's order, asserting that the habeas court denied him a full and fair hearing and the ability to properly develop the habeas record by denying his written and oral requests for assistance in reading his prepared questions. The Warden belatedly concedes that Bishop did not receive a full and fair hearing and that his request could have easily been accommodated. Because the habeas court denied Bishop's due process rights under the specific facts of this case, we agree.
"A fundamental requirement of due process is 'the opportunity to be heard.' Grannis v. Ordean,
**35Ramos v. Terry,
We do not consider the propriety or admissibility of the questions which Bishop wishes to use, an issue that clearly troubled the habeas court. On remand, if the Warden raises any objections to particular questions, the habeas court may fully consider this issue, and should it find any valid reason to exclude any or all of the questions, it may do so. The habeas court should, however, make a clear ruling explaining its reason for taking any such action.
Judgment vacated and case remanded with direction.
All the Justices concur.
Bishop made this decision after consulting with two public defenders who remained available to assist Bishop at his plea hearing, though they did not represent him.
We note that, for the first time on appeal, Bishop argues that the trial court should have been required to appoint counsel to defend him. However, "[i]t is well settled that there is no federal or state constitutional right to appointed counsel in Georgia habeas corpus proceedings." (Citation omitted.) Gibson v. Turpin,
Bishop admitted that someone else wrote the questions, but he stated that they had been read to him. And, while he could not remember all of the questions from memory, he stated that he did want to pose them to the lawyer who had assisted with his plea.
The habeas court did not fully express its reservations regarding this other inmate; therefore, we do not know whether the habeas court was concerned that this other inmate habitually filed or assisted in the filing of meritless lawsuits and habeas actions. In any event, there was no evidence that Bishop, himself, had any history of filing meritless actions.
Reference
- Full Case Name
- BISHOP v. HALL.
- Status
- Published