Kennedy v. HinesAnnotate this Case
Warden Kathleen Kennedy challenged a habeas court’s order setting aside Deborah Hines’s convictions and sentences for four counts of identity fraud. In its order, the habeas court determined that the trial court improperly participated in the plea process such that Hines’s plea was involuntary and violated due process. Having reviewed the record, the Georgia Supreme Court concluded the habeas court erred by placing the burden of proving that Hines’s guilty plea was voluntary, knowing, or intelligent on the Warden, the habeas respondent, and further erred by concluding that the trial court’s comments at the hearing rendered Hines’s plea involuntary. The Supreme Court therefore reversed the habeas court’s order.