LeJeune v. McLaughlinAnnotate this Case
This was the second appeal stemming from a petition for writ of habeas corpus filed by appellant Michael Lejeune. In that petition, appellant contended that his guilty plea to murder in November 2005 was not knowingly and intelligently entered because “he never was adequately advised of his privilege against self-incrimination.” The habeas court denied relief, finding that appellant was aware of his privilege against compulsory self-incrimination and concluding that appellant’s plea was thus constitutionally valid. In the first appeal, the Georgia Supreme Court concluded that the habeas court’s findings were not supported by the record. The Court also concluded that the trial court had improperly placed the burden of proof on the warden and remanded the case for a new evidentiary hearing with appellant bearing the burden of proof. On remand, the habeas court concluded that appellant was sufficiently aware of his right against self-incrimination and that his plea was thus entered knowingly and voluntarily. The Supreme Court granted appellant’s application for certificate of probable cause to appeal, and now reversed the habeas court’s ruling that appellant’s plea was entered knowingly and voluntarily.