NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the
opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any
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official text of the opinion.
In the Supreme Court of Georgia
Decided: February 20, 2024
S23A0840. GREEN v. THE STATE.
PINSON, Justice.
Appellant Donald Berry Green entered a guilty plea for felony
murder and aggravated assault in connection with the shooting
death of Andre Winter.1 The record shows that Green entered that
1 The crimes occurred on February 12, 2000. On March 21, 2000, a Fulton
County grand jury indicted Green for malice murder (Count 1), felony murder
(Count 2), aggravated assault with a deadly weapon (Count 3), armed robbery
(Count 4), and possession of a firearm during the commission of a felony (Count
5). On September 18, 2000, Green entered a negotiated guilty plea to Counts 2
and 3; Count 3 merged into Count 2 and Counts 1, 4, and 5 were dead-docketed.
Green was sentenced to life for Count 2. In March of 2010, Green began to file
motions seeking an out-of-time appeal, and other relief. On November 3, 2021,
the trial court held a hearing on Green’s motion for an out-of-time appeal,
which it ultimately granted. Green filed his notice of appeal in December
2021.This Court issued an order dismissing that appeal under Seals v. State,
311 Ga. 739 (860 SE2d 419) (2021), because Green’s criminal case was not fi-
nal, as three counts of his indictment had been dead-docketed. See Green v.
State, S22A0713 (Mar. 30, 2022) (explaining that “[u]pon remittitur, the case
will return to the trial court, and [Green] will then have an opportunity to se-
cure a final disposition that includes all counts of the indictment”). On April 4,
2023, the dead-docketed counts were nolle prossed and the trial court entered
a final disposition leaving unchanged the sentence for the two counts to which
plea of his own free choice, and that when he entered it, he was
aware of the relevant circumstances and the likely consequences of
pleading guilty, including the charges to which he was pleading, the
various rights that he would waive by doing so, and the range of
punishments to which he would be exposed.
Under any reasonable reading of United States Supreme Court
precedent, that record gave the trial court an adequate basis for ac-
cepting Green’s guilty plea as a matter of federal constitutional law,
because the record as a whole showed that Green’s plea was both
voluntary and intelligent. But a line of our decisions over the past
two decades would nonetheless call this plea into question because
Green was not expressly advised on the record of one of three specific
rights that were listed in Boykin v. Alabama, 395 U.S. 238 (89 SCt
1709, 23 LE2d 274) (1969), as examples of the rights someone waives
when they enter a guilty plea. Under our line of decisions, accepting
a guilty plea when the record does not specifically indicate that the
Green initially pled guilty. On April 4, 2023, Green filed this appeal from the
final judgment.
2
defendant was informed that he was waiving all three of these
“Boykin rights”—the right to a jury trial, the right to confront ad-
verse witnesses, and the right to be protected from compelled self-
incrimination—is a violation of federal constitutional law that re-
quires automatic reversal of the plea. The problem is that neither
Boykin itself nor any Supreme Court decision that followed it even
hints at that formalistic rule, and virtually every court across the
country to have considered it—federal and state alike—has rejected
that reading of Supreme Court precedent. In fact, in Goodman v.
State, 249 Ga. 11, 12-13 (1) (287 SE2d 26) (1982), even this Court
rejected that rule—a fact this Court failed to notice when we started
applying this automatic-reversal rule in the years following Good-
man.
Today, we correct course. After careful review of the relevant
United States Supreme Court precedent, which binds our Court as
to questions of federal law, we conclude that our decisions reversing
a guilty plea because the record does not expressly indicate that the
defendant was informed that he was waiving each of the so-called
3
“Boykin rights” is in conflict with Supreme Court precedent and
must be overruled. Our law thus returns to the standard outlined in
Goodman, which follows Supreme Court precedent: a guilty plea is
valid as a matter of federal constitutional law if the record affirma-
tively shows that it is voluntary and intelligent under the totality of
the circumstances. Trial courts must continue to accept guilty pleas
only with great care and discernment, following the procedures set
out in our Uniform Rule of Superior Court 33.8 and otherwise en-
suring that the defendant entering a plea does so voluntarily and
with awareness of the relevant circumstances and likely conse-
quences. But the failure to specifically advise the defendant of his
right against self-incrimination—or any of the three rights listed in
Boykin—on the record does not require the reversal of a guilty plea
as a matter of federal constitutional law if the record as a whole
shows that the defendant’s plea was voluntary and intelligent.
Under this corrected standard of federal constitutional law,
Green’s claim here fails because the record as a whole shows that
Green’s guilty plea was voluntary and intelligent. So we affirm
4
Green’s convictions.
I. Background
Green entered a guilty plea for felony murder and aggravated
assault in connection with the shooting death of Andre Winter. At
Green’s plea colloquy, the trial court informed Green of several of
the rights he was waiving by pleading guilty:
COURT: By pleading guilty, you give up the right to a jury
trial on this case. You also give up the right to cross-ex-
amine any witnesses the State puts up. You would give
up the right to challenge any evidence the State may put
up. You also give up the right to present witnesses and
evidence in your favor if you choose to do that. And finally
you would have the right to testify if you choose to do that.
You would also have a right to appeal a jury verdict if it
came back guilty in this case. Do you understand by
pleading guilty on these two counts only, you give up
those rights?
GREEN: Yes, I do.
COURT: Your waiver is made intelligently and knowingly
in this case?
GREEN: Yes, it is.
COURT: You understand the facts of the charges against
you?
GREEN: Yes, I do.
5
Green was sentenced to life in prison.
About ten years later, Green began to file motions seeking an
out-of-time appeal and other relief. During a hearing on Green’s mo-
tion for out-of-time-appeal, plea counsel testified about her discus-
sions with Green before the plea. She did not specifically recall her
representation of Green, but she testified about her general prac-
tices with plea clients. Plea counsel testified that, among other
things, she advises such clients of the rights they waive by pleading
guilty. As plea counsel was naming the particular rights that she
advises clients about, the State objected that this testimony was out-
side the scope of the hearing, since the hearing concerned whether
Green had been made aware of his appellate rights. The trial court
sustained the objection. That colloquy went as follows:
Q: All right. Did you have a general practice in 2000 about
what you would advise clients regarding a plea?
A: Yes.
Q: What would you advise them?
A: That they give up their rights to trial. They give up
their rights to confrontation. They give up –
6
STATE: Your Honor, I would object to this testimony. It’s
sort of outside the scope of what the issue is before the
Court. The issue . . . before [the] Court is whether [plea
counsel] talked to Mr. Green about his appellate rights or
made any efforts to discover what his wishes were with
regard to those.
COURT: Why don’t we get to that point, please?
The hearing went on, and plea counsel never revisited the specific
rights she discusses with her plea clients.
Plea counsel also submitted an affidavit in support of Green’s
motion for out-of-time appeal. In the affidavit, plea counsel testified
substantially as she did at the hearing:
My general practice has always been to discuss fully
[with] each Defendant what the Plea offer is from the
State: if there is any type of Negotiated Plea and a non
Negotiated Plea. I would also discuss the rights they give
up by entering a Plea of course. I would discuss any de-
fenses for the trial, the evidence, the witnesses, and any
Motions. . . . In general I would advise what rights you
give up by entering a Guilty Plea.
The trial court entered a final disposition leaving unchanged
the sentence for the two counts to which Green initially pled guilty
7
but dismissing the remaining charges. 2 Green never moved to with-
draw his guilty plea, see Tyner v. State, 289 Ga. 592, 594 (2) (714
SE2d 577) (2011), overruled on other grounds by Lejeune v.
McLaughlin, 296 Ga. 291 (766 SE2d 803) (2014) (“Lejeune I”) (“A
defendant who hopes to appeal successfully from a guilty plea is not
required to first file a motion to withdraw the plea.” (cleaned up)),
but timely filed this appeal from the final judgment.
II. Analysis
Pleading guilty to a crime is a “grave and solemn act.” Brady v.
United States, 397 U.S. 742, 748 (I) (90 SCt 1463, 25 LE2d 747)
(1970). A guilty plea is not only the defendant’s admission in open
court that he committed the crimes he has been charged with, but
also his consent to having a judgment of conviction entered against
him without a trial—a waiver of his constitutional right to a jury
2 The record also includes the trial court’s order granting Green an out-
of-time appeal.But that order is not part of this appeal because our decision in
Cook v. State, 313 Ga. 471 (870 SE2d 758) (2022), eliminated the out-of-time
appeal, and Green’s conviction was not final at that time because some of the
counts in his indictment had been dead-docketed, see Seals, 311 Ga. 739, so an
appeal at that point would have been premature. Green’s current appeal is
timely from his final judgment of conviction.
8
trial and attendant constitutional protections. See id. In light of the
guilty plea’s nature and its consequences, as a matter of federal con-
stitutional law the plea must be both voluntary (made of the defend-
ant’s own free choice) and intelligent (made with awareness of the
relevant circumstances and likely consequences). See id. If it is not,
the plea is obtained in violation of federal due process. See McCarthy
v. United States, 394 U.S. 459, 466 (I) (89 SCt 1166, 22 LE2d 418)
(1969).
In Boykin, the United States Supreme Court held that a court
may not presume a guilty plea was voluntary and intelligent based
on a “silent record,” 395 U.S. at 243. The next court term, the Court
explained that Boykin had added a “requirement that the record
must affirmatively disclose that a defendant who pleaded guilty en-
tered his plea understandingly and voluntarily.” Brady, 397 U.S. at
747 (I) & n.4 (citing Boykin, 395 U.S. 238).
The vast majority of jurisdictions across the country have un-
derstood Boykin to impose only a procedural requirement: that a
trial court accepting a guilty plea must ensure that the record,
9
viewed as a whole, shows that the defendant’s plea was voluntary
and intelligent. In Georgia, however, Boykin’s procedural require-
ment has been transformed into a rigid and formalistic rule. Relying
on language plucked from Boykin’s discussion of the rights that are
waived when a defendant enters a guilty plea, this Court has re-
quired (at least in more recent cases) that either the trial court or at
least defendant’s counsel must recite on the record that the defend-
ant was advised of three particular rights that he would be waiving
by entering a guilty plea—the right to a jury trial, the right to con-
front witnesses against him, and the right against self-incrimina-
tion. And we have held that if any part of this requirement is not
satisfied, the plea is automatically reversed. See, e.g., Tyner, 289 Ga.
at 595 (4) (noting that Georgia courts have “interpreted advice and
waiver of the ‘three Boykin rights’ as a strict constitutional require-
ment, with reversal the automatic consequence if any deviation is
found to have occurred”); Arnold v. Howerton, 282 Ga. 66, 68 (646
SE2d 75) (2007), overruled on other grounds by Lejeune I, 296 Ga.
291 (reversing judgment of conviction based on guilty plea because
10
“the record in this case fails to show that any comment by the trial
court, or by Arnold’s counsel, informed him that by pleading guilty
he would waive his privilege against compulsory self-incrimina-
tion”). See also Britt v. Smith, 274 Ga. 611, 612 (556 SE2d 435)
(2001) (framing the question whether a guilty plea is valid around
whether the defendant was advised of the “three Boykin rights”).
This Court’s outlier reading of Boykin is the basis of Green’s
claim on appeal here. He contends that his guilty plea is invalid be-
cause the record does not expressly show that he was specifically
advised that he was waiving his right against compelled self-incrim-
ination, which is one of the three “Boykin rights.” The State responds
that federal due process does not require an on-the-record recitation
of all “three Boykin rights” if the record otherwise shows that the
plea was voluntary and intelligent under the totality of the circum-
stances (as the State says it does here). To the extent our precedent
says differently, the State asks us to reconsider it.
To address these arguments, we first review the relevant fed-
11
eral constitutional law of guilty pleas, focusing on the well-estab-
lished standard that pleas must be voluntary and intelligent and
Boykin’s requirement that the record must affirmatively show a vol-
untary and intelligent plea. We then canvass decisions of the United
States Supreme Court, the federal courts of appeals, and state
courts that have addressed Boykin’s role in the assessment of the
validity of guilty pleas under federal constitutional law. We go on to
compare the approach of those courts with our decisions in Georgia,
and then we address whether we must reconsider our more recent
decisions. Finally, we apply the resulting standard to this case.
A. Federal Constitutional Law of Guilty Pleas
1. The Voluntary and Intelligent Standard
The standard for whether a guilty plea satisfies constitutional
due process is well established: guilty pleas are valid if they are
“both ‘voluntary’ and ‘intelligent.’” Brady, 397 U.S. at 747 (I). A vol-
untary and intelligent guilty plea is one that is made of the defend-
ant’s “own choice” “with sufficient awareness of the relevant circum-
stances and likely consequences.” Id. at 748 (I). See also Lejeune I,
12
296 Ga. at 291-292 (1).3 These “relevant circumstances and likely
consequences” generally include the nature of the charge to which
the defendant is admitting guilt, the factual basis of the charge, the
punishment to which the plea will expose him, the terms of any ne-
gotiated agreement with the government, and the rights the defend-
ant will waive by entering the plea. See, e.g., Boykin, 395 U.S. at 244
n.7; Smith v. Magnuson, 297 Ga. 210, 213 (1) (773 SE2d 205) (2015).
2. Boykin’s Record Requirement
Courts may not simply presume that a defendant’s plea was
voluntary and intelligent: the record has to show that it was. This
was the lesson of Boykin, a case that involved a defendant in Ala-
bama who was sentenced to death after he pleaded guilty to five
counts of common-law robbery. See 395 U.S. at 239. Boykin entered
that guilty plea just three days after he was appointed counsel (and
a few weeks after he was indicted), and the record gave no indication
3 In the decisions of both the United States Supreme Court and our
Court, the terms “intelligent” and “knowing” are used in this context inter-
changeably (and sometimes collectively). They refer to the same concept: suffi-
cient awareness of the circumstances and likely consequences that are im-
portant to the defendant’s decision to enter a guilty plea.
13
that he was aware of any of the circumstances or potential conse-
quences (including a death sentence) that would have been im-
portant to his decision to plead guilty: no pretrial motions or pro-
ceedings, and only a 55-word summary of the plea hearing, which
did not show that the judge ever addressed Boykin (or that Boykin
addressed the court) about his rights, the consequences of his plea,
or anything else. See id. at 245 & n.1 (Harlan, J., dissenting) (quot-
ing the summary). On appeal, the United States Supreme Court re-
versed, holding that “[i]t was error, plain on the face of the record,
for the trial judge to accept petitioner’s guilty plea without an af-
firmative showing that it was intelligent and voluntary.” Id. at 242.
The Boykin Court’s reasoning was brief and straightforward.
The Court pointed out that it had recognized a similar record-mak-
ing requirement when a defendant waives the Sixth Amendment
right to counsel. There, it had held that “[p]resuming waiver from a
silent record is impermissible. The record must show, or there must
be an allegation and evidence which show, that an accused was of-
14
fered counsel but intelligently and understandingly rejected the of-
fer.” Id. at 242 (quoting Carnley v. Cochran, 369 U.S. 506, 516 (82
SCt 884, 8 LE2d 70) (1962)). The Court reasoned that “the same
standard must be applied to determining whether a guilty plea is
voluntarily made,” and then listed “[s]everal federal constitutional
rights . . . involved in a waiver that takes place when a plea of guilty
is entered in a state criminal trial”: the privilege against compelled
self-incrimination, the right to a trial by jury, and the right to con-
front one’s accusers. Id. at 242-243. So, echoing the language from
its decision about the right to counsel, the Court reiterated that
“[w]e cannot presume a waiver of these three important federal
rights from a silent record.” Id. at 243.
The Court concluded by describing what an affirmative show-
ing that a guilty plea was voluntary and intelligent would look like.
Notably, that description was not a set of magic words or a list of
specific rights to recite. Instead, the Court simply urged trial courts
to make a record showing that the well-known constitutional stand-
ard was met. Given the stakes of a guilty plea, the Court said that
15
it “demands the utmost solicitude of which courts are capable in can-
vassing the matter with the accused to make sure he has a full un-
derstanding of what the plea connotes and of its consequence.” Id. at
243-244 (emphasis added).4 And “[w]hen the judge discharges that
function, he leaves a record adequate for any review that may be
later sought.” Id. at 244.
In sum, fairly read, Boykin established a critical but modest
record requirement for courts deciding whether to accept a guilty
plea. To make sure that defendants understand the serious conse-
quences of entering a guilty plea, evidence of that understanding
must be apparent from the record. Absent a record that shows that
4 In support of this approach, the Court cited a Pennsylvania Supreme
Court decision that spoke in similarly general terms:
“A majority of criminal convictions are obtained after a plea of
guilty. If these convictions are to be insulated from attack, the trial
court is best advised to conduct an on the record examination of
the defendant which should include, inter alia, an attempt to sat-
isfy itself that the defendant understands the nature of the
charges, his right to a jury trial, the acts sufficient to constitute
the offenses for which he is charged and the permissible range of
sentences.”
Id. at 244 n.7 (quoting Commonwealth ex rel. West v. Rundle, 237 A2d 196, 197-
198 (Pa. 1968)).
16
the defendant’s guilty plea was voluntary and intelligent, the judg-
ment of conviction based on that plea must be reversed. Id. at 243-
244; Brady, 397 U.S. at 747 (I) & n.4.
3. The National Consensus on Boykin
After Boykin, decisions from across the country confirmed what
that decision added—and did not add—to the standards for deter-
mining whether a guilty plea satisfies due process. These deci-
sions—from the United States Supreme Court, lower federal courts,
and state appellate courts alike—make clear that Boykin added a
requirement that the record must affirmatively show that the de-
fendant’s guilty plea was voluntary and intelligent, but that it did
not change the substantive standard used to determine the consti-
tutionality of a guilty plea. That standard was and remains whether
the defendant’s guilty plea was voluntary and intelligent (as those
terms have long been understood), considering the totality of the cir-
cumstances. As long as the record shows that standard is satisfied,
federal due process is satisfied, whether or not someone has ex-
pressly recited the three “Boykin rights” somewhere in that record.
17
(a) Start with the United States Supreme Court. In the court
term after Boykin was decided, the Supreme Court told us in Brady
what Boykin contributed to the assessment of the constitutionality
of a guilty plea. The Court was clear that Boykin did not change the
substantive standard for assessing the validity of a guilty plea as a
matter of federal constitutional law, explaining “[t]he requirement
that a plea of guilty must be intelligent and voluntary to be valid
has long been recognized.” Brady, 397 U.S. at 747 (I) n.4. Instead,
the Court explained that “[t]he new element added in Boykin was
the requirement that the record must affirmatively disclose that a
defendant who pleaded guilty entered his plea understandingly and
voluntarily.” Id. (emphasis added). That explanation tracked the
Court’s statement in North Carolina v. Alford earlier that same
term, when it said, citing Boykin, that the “test for determining the
validity of guilty pleas . . . was and remains whether the plea repre-
sents a voluntary and intelligent choice among the alternative
courses of action open to the defendant.” North Carolina v. Alford,
400 U.S. 25, 31 (91 SCt 160, 27 LE2d 162) (1970) (citing Boykin, 395
18
U.S. at 242; Machibroda v. United States, 368 U.S. 487, 493 (82 SCt
510, 7 LE2d 473) (1962); Kercheval v. United States, 274 U.S. 220,
223 (47 SCt 582, 71 LEd 1009) (1927)).
In neither Brady nor Alford did the Court suggest a new, spe-
cial role in the plea procedures for the three constitutional rights the
Court listed in Boykin. Indeed, neither Brady nor Alford even men-
tioned all three of these rights. Instead, in both cases, the Supreme
Court evaluated the validity of the guilty plea in question by “con-
sidering all of the relevant circumstances surrounding it.” Brady,
397 U.S. at 749 (II). In Alford, the Court specially noted that the
case presented “no issues of substance under Boykin” because “the
record in this case affirmatively indicate[d] that Alford was aware
of the consequences of his plea of guilty and of the rights waived by
the plea,” without mentioning the three particular rights Boykin
listed. 400 U.S. at 29 n.3. If Boykin were properly understood as re-
quiring automatic reversal of a guilty plea if the record failed to
show that the defendant was not advised that he was waiving all
three “Boykin rights,” one would think that the Court would have
19
said so in these decisions. Yet neither these decisions nor any of the
Court’s later decisions addressing how to evaluate the validity of a
guilty plea have even hinted at such a rule.
(b) In the years after Boykin, federal courts of appeals also ad-
dressed the question of just what that decision required a record to
show to be able to conclude that a guilty plea was valid as a matter
of federal constitutional law. 5 Every one of the courts that addressed
this question arrived at the same answer: Boykin left unchanged the
totality-of-the-circumstances analysis used in determining whether
a guilty plea was voluntary and intelligent, and it did not make an
on-the-record recitation of the three rights it listed as a prerequisite
to concluding that a guilty plea was constitutionally valid.
5 Although we are bound to follow only the decisions of the United States
Supreme Court on questions of federal law, we often look to the decisions of
other federal courts as persuasive authority. See Lofton v. State, 310 Ga. 770,
777 (2) n.6 (854 SE2d 690) (2021); Macon-Bibb County Hosp. Auth. v. Natl.
Treasury Employees Union, 265 Ga. 557, 558 (1) (458 SE2d 95) (1995).
20
The former U.S. Court of Appeals for the Fifth Circuit, 6 for in-
stance, was “aware of no precedent, from the Supreme Court or else-
where, for the proposition that due process requires that a defendant
be informed of each and every right which is waived by a guilty plea.”
United States v. Frontero, 452 F2d 406, 415 (III) (5th Cir. 1971). The
court explained that a defendant’s reliance on Boykin to support that
proposition was “misplaced” because Boykin “involved a silent rec-
ord,” whereas the record in the defendant’s case revealed “affirma-
tive awareness of the ‘consequences’ of a guilty plea.” Id. A few years
later, that court held expressly that “there is no requirement that
there be express articulation and waiver of the three constitutional
rights referred to in Boykin, by the defendant at the time of ac-
ceptance of his guilty plea, if it appears from the record that the ac-
cused’s plea was intelligently and voluntarily made, with knowledge
of its consequences.” McChesney v. Henderson, 482 F2d 1101, 1110
6 See Bonner v. Pritchard, 661 F2d 1206, 1207 (11th Cir. 1981) (explain-
ing that the U.S. Court of Appeals for the Eleventh Circuit was established on
October 1, 1981 pursuant to the Fifth Circuit Court of Appeals Reorganization
Act, and adopting as binding precedent all decisions of the former Fifth Circuit
handed down prior to that date).
21
(5th Cir. 1973).
The Tenth Circuit reached the same conclusion. See Stinson v.
Turner, 473 F2d 913, 915 (10th Cir. 1973). After reviewing Boykin
and Brady, that court noted that Boykin “does expressly discuss the
three enumerated constitutional rights,” but it reasoned that “these
rights were set out to demonstrate the gravity of the trial court’s
responsibility,” not to impose a “procedural requirement . . . that
they be enumerated.” Id. Boykin, it held, “imposed only that require-
ment of an affirmative record showing of a voluntary and intelligent
plea,” its “purpose” being “‘to make sure [the defendant] has full un-
derstanding of what the plea connotes and of its consequence.’” Id.
(quoting Boykin, 395 U.S. at 244).
The other federal courts of appeals are in accord. Several more
of those courts have expressly rejected the argument that Boykin
required that the record expressly show the defendant was advised
about all three “Boykin rights” to avoid reversal of a guilty plea. See
United States v. Stewart, 977 F2d 81, 84-85 (IV) (3d Cir. 1992)
(“[T]he failure to specifically articulate the Boykin rights does not
22
carry the day for the defendant if the circumstances otherwise es-
tablish the plea was constitutionally acceptable.”); Wade v. Coiner,
468 F2d 1059, 1060-1061 (4th Cir. 1972) (rejecting the proposition
that Boykin requires “that all of the several constitutional rights
that are given up by entry of a guilty plea must be separately called
to the attention of the accused”); Pitts v. United States, 763 F2d 197,
200 (6th Cir. 1985) (“The mere failure to advise a defendant of each
right enumerated in Boykin does not automatically invalidate the
plea.” (citations omitted)); United States v. Henry, 933 F2d 553, 560
(7th Cir. 1991) (“[W]hen a court advises the defendant that by plead-
ing guilty he is waiving his rights to trial by jury and to confront the
witnesses against him, ‘a ritualistic question to a defendant asking
if he understands that he is waiving his right against self-incrimi-
nation’ is unnecessary.”); Todd v. Lockhart, 490 F2d 626, 628 n.1
(8th Cir. 1974) (“[W]e agree that Boykin does not require the express
articulation and waiver of these three rights at the time the plea is
entered.” (citations omitted)); Wilkins v. Erickson, 505 F2d 761, 763
(I) (9th Cir. 1974) (relying on Brady and Alford to conclude that
23
“Boykin does not require specific articulation of the [ ] three rights
[mentioned in Boykin] in a state proceeding”); United States v. Sim-
mons, 961 F2d 183, 187 (II) (B) (11th Cir. 1992) (noting that Boykin
mentioned three specific rights, but explaining that the Eleventh
Circuit “has construed Boykin to require only that courts establish
a record that generally ‘reveals affirmative awareness of the ‘conse-
quences’ of a guilty plea,’” and therefore “a trial court may suffi-
ciently apprise a defendant of the consequences of his plea without
obtaining express waivers of his right to confront adverse witnesses
and his right against compulsory self-incrimination” (citations omit-
ted)). And even the handful of courts of appeals that have not re-
jected that argument in so many words have considered the totality
of the circumstances to determine whether the record showed that
the defendant’s plea was voluntary and intelligent, rather than look-
ing for the recitation of any specific rights. See United States v.
Ward, 518 F3d 75, 83-84 (IV) (1st Cir. 2008) (after reviewing Boykin
and Brady, explaining, “[i]n deciding whether there is an affirmative
showing of voluntariness in the state court record of [defendant’s]
24
plea, we examine the totality of the circumstances surrounding the
plea”) (citations omitted)); Hanson v. Phillips, 442 F3d 789, 798 (II)
(B) (2d Cir. 2006) (“The voluntariness of a guilty plea is reviewed by
examining the totality of the relevant circumstances.” (citations
omitted)); Sanderlin v. United States, 794 F2d 727, 734 (II) (D.C.
Cir. 1986) (noting Boykin’s rule that a waiver of certain constitu-
tional rights cannot be presumed “from a silent record” (citations
omitted)). See also United States v. Tursi, 576 F2d 396, 399 (B) (1st
Cir. 1978) (“[T]he failure of the court to mention defendant’s right
against self-incrimination does not rise to the level of prejudicial er-
ror.”).
In short, we are aware of no decision of a federal appellate court
adopting a rule that a guilty plea is subject to automatic reversal if
the record does not expressly indicate that a defendant was specifi-
cally informed about each of the three “Boykin rights,” and most of
them have expressly rejected that reading of Boykin.
(c) A survey of the federal case law on the constitutionality of
guilty pleas is not complete without a discussion of Rule 11 of the
25
Federal Rules of Criminal Procedure. That rule, which, like other
federal court rules, is reviewed (and revised as needed) by the
United States Supreme Court,7 has long governed plea procedures
in federal courts. The rule’s evolution after Boykin—and the deci-
sions applying it—confirm yet again that Boykin does not require
advising the defendant of specific rights on the record to avoid auto-
matic reversal of a guilty plea.
Before Boykin, Rule 11 tracked the basic constitutional re-
quirements for a valid plea. In 1966 (three years before Boykin),
Rule 11 told district courts not to accept a guilty plea without ad-
dressing the defendant personally to determine whether the plea
was made “voluntarily” with an understanding of its “consequences”
7 The Federal Rules of Criminal Procedure are promulgated (and
amended) through an elaborate process beginning with drafts developed by an
Advisory Committee of experts in criminal procedure from the judiciary, aca-
demia, and law practice. See Charles Alan Wright et al., 1 Fed. Prac. & Proc.
Crim. § 2 Promulgation and Amendment of the Rules (5th ed. 2023). The drafts
are then reviewed and may then be revised by the Standing Committee on
Rules, which is similarly comprised, and then by the United States Supreme
Court. See id. Under the Rules Enabling Act, Congress has the final authority
to revise the proposed rule. See 28 USC §§ 2071-2077.
26
and “the nature of the charge,” and to ensure that there was a fac-
tual basis for the plea. See Charles Alan Wright et al., 1A Fed. Prac.
& Proc. Crim. § 171 History of the Rule (5th ed. 2023) (“Wright &
Miller”). See also McCarthy, 394 U.S. at 465-466.8 In McCarthy, the
United States Supreme Court held that any violation of that earlier
version of Rule 11 required reversal. See McCarthy, 394 U.S. at 471-
472. As the former Fifth Circuit explained, this was because when
McCarthy was decided, all that Rule 11 “treated were the values ly-
ing at the heart of the rule’s concerns: absence of coercion, under-
standing of the accusation, and knowledge of the direct conse-
quences of the plea,” so “a failure by the trial court to address any
one or more of the rule’s three core concerns as occurred in McCarthy
require[d] automatic reversal.” United States v. Dayton, 604 F2d
931, 939 (5th Cir. 1979) (en banc). And these “core concerns,” of
8 When the rule was first adopted in 1944, it simply instructed district
courts that they should not accept a guilty plea “without first determining that
the plea[ ] is made voluntarily with [an] understanding of the nature of the
charge.” Charles Alan Wright et al., 1A Fed. Prac. & Proc. Crim. § 171 History
of the Rule n.1 (5th ed. 2023) (“Wright & Miller”).
27
course, were the same concerns animating the constitutional stand-
ard. See, e.g., Brady, 397 U.S. at 747-748 (I) & n.4 (citations omit-
ted).
But in the wake of Boykin, the Rule’s approach to ensuring the
constitutionality of guilty pleas changed. In 1974 and 1975, major
amendments were made to Rule 11 to give district courts clear and
specific directions for the plea colloquy. Those amendments, which
were “designed” to incorporate Boykin, instruct district courts to “in-
form the defendant of, and determine that the defendant under-
stands,” all kinds of information relevant to the plea, including the
nature of the charges, the range of possible sentences, and a number
of constitutional rights that are waived by entering a guilty plea.
Fed. R. Crim. P. 11, Advisory Committee notes on 1974 and 1975
amendments; see also Wright & Miller, supra, § 171. The rights
listed by the revised Rule 11 include not only the three rights Boykin
listed—the right to a jury trial, to confront adverse witnesses, and
to be protected from compelled self-incrimination—but many others,
including the right to plead not guilty, to be represented by counsel,
28
to testify, and to compel the attendance of witnesses. See Fed. R.
Crim. P. 11 (b) (1).9 And Rule 11 has been amended several times
9 Rule 11 (b) currently reads as follows, with the three constitutional
rights referenced in Boykin italicized:
(1) Advising and Questioning the Defendant. Before the court accepts a
plea of guilty or nolo contendere, the defendant may be placed under oath, and
the court must address the defendant personally in open court. During this
address, the court must inform the defendant of, and determine that the de-
fendant understands, the following:
(A) the government’s right, in a prosecution for perjury or false
statement, to use against the defendant any statement that the defend-
ant gives under oath;
(B) the right to plead not guilty, or having already so pleaded, to
persist in that plea;
(C) the right to a jury trial;
(D) the right to be represented by counsel – and if necessary have
the court appoint counsel – at trial and at every other stage of the pro-
ceeding;
(E) the right at trial to confront and cross-examine adverse wit-
nesses, to be protected from compelled self-incrimination, to testify and
present evidence, and to compel the attendance of witnesses;
(F) the defendant’s waiver of these trial rights if the court accepts
a plea of guilty or nolo contendere;
(G) the nature of each charge to which the defendant is pleading;
(H) any maximum possible penalty, including imprisonment, fine,
and term of supervised release;
(I) any mandatory minimum penalty;
(J) any applicable forfeiture;
(K) the court’s authority to order restitution;
(L) the court's obligation to impose a special assessment;
(M) in determining a sentence, the court’s obligation to calculate
the applicable sentencing-guideline range and to consider that range,
possible departures under the Sentencing Guidelines, and other sentenc-
ing factors under 18 U.S.C. § 3553 (a);
(N) the terms of any plea-agreement provision waiving the right to
29
since 1975 to add to this list other consequences of a guilty plea that
may be of importance to determining whether it has been entered
voluntarily and intelligently. See Wright & Miller, supra, § 171 &
n.6 (describing the history of Rule 11’s amendment including the ad-
dition of new subsections to Rule 11 (b) including, for example, a
requirement that courts notify defendants of the terms of a plea-
agreement provision waiving the right to appeal or collaterally at-
tack the sentence, see Rule 11 (b) (1) (N), and advise defendants that
if convicted, a defendant who is not a United States citizen may be
removed from the United States, denied citizenship, and denied ad-
mission to the United States in the future, see Rule 11 (b) (1) (O)).
Here is what matters most about this post-Boykin Rule 11 for
appeal or to collaterally attack the sentence; and
(O) that, if convicted, a defendant who is not a United States citi-
zen may be removed from the United States, denied citizenship, and de-
nied admission to the United States in the future.
(2) Ensuring That a Plea Is Voluntary. Before accepting a plea of guilty
or nolo contendere, the court must address the defendant personally in open
court and determine that the plea is voluntary and did not result from force,
threats, or promises (other than promises in a plea agreement).
(3) Determining the Factual Basis for a Plea. Before entering judgment
on a guilty plea, the court must determine that there is a factual basis for the
plea.
30
our purposes: it is now well settled that a district court’s failure to
comply with any particular piece of Rule 11’s plea procedures does
not necessarily require reversal. Instead, after federal courts had
reached different answers about the remedy for a Rule 11 violation,
Rule 11 was amended to clarify that “a variance from the require-
ments of this rule is harmless error if it does not affect substantial
rights.” Fed. R. Crim. P. 11 (h). 10
By its terms, this harmless-error provision applies to all viola-
tions of Rule 11—which include, of course, the failure to list one of
the three “Boykin rights.” That understanding finds support in at
least three Supreme Court decisions issued since the harmless-error
standard was added. See United States v. Davila, 569 U.S. 597, 609
10 With respect to this amendment, the Advisory Committee explained,
“[a]n inevitable consequence of the 1975 amendments [that codified Boykin]
was some increase in the risk that a trial judge, in a particular case, might
inadvertently deviate to some degree from the procedure which a very literal
reading of Rule 11 would appear to require.” Fed. R. Crim. P. 11, Advisory
Committee notes on 1983 amendments. The Advisory Committee went on:
“‘[D]istrict courts are required to act in substantial compliance with [the rule],’”
but “‘ritualistic compliance is not required,’” and “even when it may be con-
cluded Rule 11 has not been complied with in all respects, it does not inevitably
follow that the defendant’s plea of guilty or nolo contendere is invalid and sub-
ject to being overturned by any remedial device then available to the defend-
ant.” Id. (citation omitted).
31
(III) (133 SCt 2139, 186 LE2d 139) (2013) (“Errors or omissions in
following Rule 11’s plea-colloquy instructions . . . are properly typed
procedural, and are therefore properly assessed under the harmless-
error instruction of Rule 11(h).”); United States v. Vonn, 535 U.S. 55,
60 (I), 70 (II) (B) (122 SCt 1043, 152 LE2d 90) (2002) (addressing an
alleged violation of what is now Rule 11 (b) (1) (D), involving the
failure to advise the defendant of his right to counsel if he went to
trial and noting that “by 1983 the practice of automatic reversal for
error threatening little prejudice to a defendant or disgrace to the
legal system prompted further revision of Rule 11 [to add subsection
(h)]”); United States v. Dominguez Benitez, 542 U.S. 74, 76-78 (I), 80
(II) (A), 81 (II) (B) & n.6 (124 SCt 2333, 159 LE2d 157) (2004) (ex-
plaining that “[i]t is only for certain structural errors undermining
the fairness of a criminal proceeding as a whole that even preserved
error requires reversal without regard to the mistake’s effect on the
proceeding,” and that “[t]he omission of a single Rule 11 warning
without more is not colorably structural”); id. at 84 (II) (C) n.10 (dis-
tinguishing the automatic reversal result in Boykin as involving the
32
situation “when the record of a criminal conviction obtained by
guilty plea contains no evidence that a defendant knew of the rights
he was putatively waiving” (emphasis added)).
And the federal courts of appeals that have addressed the issue
have explicitly applied Rule 11 (h)’s harmless-error standard to the
failure to advise the defendant on the record that a guilty plea would
waive one of the “Boykin rights.” See, e.g., United States v. Johnson,
1 F3d 296, 298 (5th Cir. 1993) (“[N]o failure in the plea colloquy—
regardless of whether it might be one of omission or commission,
total or partial, core or non-core—will mandate an automatic rever-
sal of a conviction and vacatur of a sentence. Rather, reversal and
vacatur will be required when—but only when—the challenged ‘var-
iance from the procedures required by [Rule 11] . . . affect[s] sub-
stantial rights’ of the defendant.” (citations omitted)); United States
v. Gomez-Cuevas, 917 F2d 1521, 1525 (10th Cir. 1990) (“The failure
to advise a criminal defendant of his right to confront and cross-ex-
amine witnesses is harmless error when the guilty plea is voluntary
and the defendant understands the nature of the charges against
33
him.”); United States v. Stead, 746 F2d 355, 356-357 (6th Cir. 1984)
(holding that the district court’s failure to advise the defendant of
his right against self-incrimination and his right to confront and
cross-examine witnesses did not “preclude a finding that [the de-
fendant] voluntarily and intelligently entered his guilty plea” and
concluding that “the district court’s omission constitutes harmless
error”).
Rule 11 and its harmless-error provision apply only to federal
courts, but they offer compelling evidence about Boykin’s scope.
Boykin is a central focus of the plea procedures set out in Rule 11,
which are put in place to ensure that guilty pleas are valid as a mat-
ter of federal constitutional law, and Rule 11 cannot provide less pro-
tection to defendants than the Constitution provides. See Fed. R.
Crim. P. 11, Advisory Committee notes on 1974 Amendments (“The
amendment identifies more specifically what must be explained to
the defendant and also codifies, in the rule, the requirements
of Boykin [ ], which held that a defendant must be apprised of the
fact that he relinquishes certain constitutional rights by pleading
34
guilty.”). See also Davila, 569 U.S. at 609 (III) (“The advice and ques-
tions now specified in Rules 11(b) and 11(c)(3)(B), Davila observes,
are designed to ensure that a defendant’s plea is fully informed and
intelligently made.”). If Boykin required automatic reversal of a
guilty plea as a matter of federal constitutional law any time the
defendant is not advised on the record that he is waiving one of the
three “Boykin rights,” Rule 11 would have to require reversal as
well. Yet Rule 11—a rule that is put in place and amended only after
review by the United States Supreme Court and Congress, among
others—excuses the failure to recite one of the “Boykin rights” if it is
harmless error. That approach to the “Boykin rights” gives us an-
other sign that Boykin did not carve out the three rights it listed for
special constitutional treatment.
*
In sum, every data point from federal law tells us that the “rit-
ual of the colloquy,” including the articulation of the rights being
waived by entering a guilty plea, “is but a means toward determin-
ing whether the plea was voluntary and knowing.” Stewart, 977 F2d
35
at 84 (IV). Going through those procedures “furnishes strong, alt-
hough not necessarily conclusive, evidence that the accused entered
his plea without coercion and with an appreciation of its conse-
quences.” Id. But “the failure to specifically articulate the Boykin
rights does not carry the day for the defendant if the circumstances
otherwise establish the plea was constitutionally acceptable.” Id. at
85 (IV).
(d) State appellate courts applying the federal constitutional
law to guilty pleas are almost universally in accord with the federal
case law just discussed. The Tennessee Court of Criminal Appeals,
for example, has explained that “Boykin simply requires that the
transcript of a guilty plea proceeding affirmatively show that the
defendant voluntarily and understandingly entered his plea of
guilty.” Clark v. State, 800 SW2d 500, 504 (Tenn. Crim. App. 1990)
(citations and footnotes omitted). The court agreed that no “precise
litany” or “catechism of the constitutional rights that are waived by
entry of a guilty plea” is “compelled by Boykin or the Constitution,”
and it noted that federal courts of appeals had “held that the failure
36
of a trial judge to articulate a right mentioned in Boykin does not, as
a matter of law, render a judgment constitutionally infirm.” Id. (ci-
tations and footnotes omitted). Many other states have reached the
same conclusion on similar reasoning. See e.g., State v. Smith, 167
So3d 736, 740 (La. Ct. App. 2014) (“We find that in the context of all
the advice given, the trial court’s failure to mention specifically the
privilege protecting a defendant from compelled self-incrimination
at trial cannot support a finding that defendant entered each of his
guilty pleas without a full understanding of what the plea connotes
and of its consequences. . . . [W]e think the extensive colloquy con-
ducted by the trial court resulted in a knowing and voluntary plea
by defendant.” (citation omitted)); Lacy v. People, 775 P2d 1, 5 (II)
(A) (1) (Colo. 1989) (“[D]ue process does not require a specific waiver
of even the three constitutional rights highlighted in Boykin.” (cita-
tion and footnote omitted)); Barrett v. State, 544 P2d 830, 834 (II)
(Alaska 1975), on rehearing, 546 P2d 161 (Alaska 1976) (“What mat-
ters is whether from the totality of circumstances surrounding the
37
plea it can be determined that the plea was voluntarily and intelli-
gently made.”). See also Oleson v. Young, 869 NW2d 452, 455-459
(S.D. 2015) (leaving open the question of whether a “‘complete ab-
sence’ of any Boykin waiver” should result in automatic reversal but
holding that “‘specific articulation of the Boykin rights by the trial
judge is not an indispensable requisite for the record to establish a
valid plea.’ . . . To determine whether a guilty plea is voluntary and
knowing ‘as required to satisfy due process requirements, we must
look to the “totality of the circumstances”’” (citations omitted)). See
generally Wayne R. LaFave, et al., Criminal Procedure, § 21.4 (e)
(4th ed. updated Dec. 2023) (explaining that “most courts, often
stressing the uniqueness of Boykin,” have held that Boykin does not
“mean that a guilty plea is constitutionally defective whenever the
judge failed to articulate specifically the constitutional rights listed
in [ ] Boykin”).
In the years shortly after Boykin, a couple of states did read
Boykin to require an on-the-record recitation of the three “Boykin
rights,” but that view didn’t stick.
38
One of those states was California. Five months after Boykin,
“before a substantial body of federal law on the point had developed,”
the California Supreme Court read it to require that “each of the
three rights mentioned—self-incrimination, confrontation, and jury
trial—must be specifically and expressly enumerated for the benefit
of and waived by the accused prior to acceptance of his guilty plea.”
In re Tahl, 460 P2d 449, 456 (III) (Cal. 1969). See also In re Yurko,
519 P2d 561 (Cal. 1974). But by 1992, citing “the overwhelming
weight of authority” in conflict with that view of Boykin, the court
saw “no choice but to revisit [its] prior holdings.” People v. Howard,
824 P2d 1315, 1339 (II) (H) (Cal. 1992). Acknowledging that “[t]he
question of an effective waiver of a federal constitutional right in a
proceeding is of course governed by federal standards,” that court
held that under the governing federal test, “a plea is valid if the rec-
ord affirmatively shows that it is voluntary and intelligent under
the totality of the circumstances.” Id. (citing Alford, 400 U.S. at 31
and Brady, 397 U.S. at 747-748 (I)). The court explained its change
of heart:
39
In the 22 years since Tahl, our interpretation of federal
law in that opinion has not garnered significant support
in the federal courts. Indeed, the high court has never
read Boykin as requiring explicit admonitions on each of
the three constitutional rights. Instead, the court has said
that the standard for determining the validity of a guilty
plea “was and remains whether the plea represents a vol-
untary and intelligent choice among the alternative
courses of action open to the defendant.” [quoting Alford
and citing Brady]. “The new element added in Boykin”
was not a requirement of explicit admonitions and waiv-
ers but rather “the requirement that the record must af-
firmatively disclose that a defendant who pleaded guilty
entered his plea understandingly and voluntarily.” [quot-
ing Brady].
While the high court has never accepted our interpreta-
tion of Boykin, the federal appellate courts have expressly
rejected it. Consequently, the weight of authority today
makes it abundantly clear that “the California interpre-
tation of Boykin announced in Tahl is not required by the
federal Constitution . . . .” “Boykin does not require spe-
cific articulation of each of the three rights waived by the
guilty plea, as long as it is clear from the record that the
plea was voluntary and intelligent . . . .” There is wide
agreement both on this point and on the applicable test:
The record must affirmatively demonstrate that the plea
was voluntary and intelligent under the totality of the cir-
cumstances. Because the effectiveness of a waiver of fed-
eral constitutional rights is governed by federal standards
we adopt the federal test in place of the rule that the ab-
sence of express admonitions and waivers requires rever-
sal regardless of prejudice.
Id. at 1341-1342 (II) (H) (citations omitted).
40
California was not alone in abandoning the “three Boykin
rights”-focused, automatic-reversal interpretation of Boykin. The
Louisiana Supreme Court also adopted a “three-right rule” shortly
after Boykin, but it, too, has since acknowledged that the rule “was
not constitutionally required” and “reflected a minority view” be-
cause “a majority of state decisions required ‘only that the trial judge
canvass the matter with the defendant to verify that the plea is
freely and understandingly made.’” State v. Balsano, 11 So3d 475,
477 (La. 2009) (citations omitted). That court held on collateral re-
view that the “trial court’s failure to mention specifically . . . the
privilege protecting a defendant from compelled self-incrimination
at trial . . . cannot support a finding that defendant entered each of
his guilty pleas without ‘a full understanding of what the plea con-
notes and of its consequences.’” Id. at 483 (quoting Boykin, 395 U.S.
at 244).
As far as we can tell, of all the other jurisdictions across our
country, only Michigan still clearly applies a rule that requires au-
tomatic reversal of a guilty plea as a matter of federal constitutional
41
law if any one of the three “Boykin rights” are not recited on the
record. See People v. Jaworski, 194 NW2d 868, 872 (I), 872-873 (II)
(Mich. 1972). And even that rule, which was announced in a divided
opinion issued soon after Boykin, has been limited to claims raised
on direct rather than collateral review. See People v. Ingram, 484
NW2d 241, 246-247 (II) (Mich. 1992).
B. Georgia’s Misapplication of Boykin
And then there is Georgia. For almost three decades after
Boykin, our Court took the same, totality-of-the-circumstances ap-
proach to constitutional challenges to guilty pleas as the courts
across the country that we have just canvassed. But then, without
explanation, and in conflict with our own precedent, we gradually
elevated the United States Supreme Court’s advice about the three
rights listed in Boykin to constitutional prerequisites for a valid
guilty plea and began to automatically reverse guilty pleas if those
rights were not recited on the record.
1. For many years after Boykin, our Court evaluated constitu-
tional challenges to guilty pleas like most other courts did: we looked
42
at the full record and asked whether the defendant’s guilty plea was
voluntary and intelligent based on the totality of the circumstances,
with no particular focus on whether the three “Boykin rights” had
been explicitly conveyed to the defendant. See, e.g., Thomason v.
Caldwell, 229 Ga. 637, 642-643 (194 SE2d 112) (1972) (concluding
that plea was voluntary and understanding and noting that the pe-
titioner had been advised of many rights, including his right to a
jury trial, but not mentioning the other two Boykin rights). See also
McCrary v. Ricketts, 232 Ga. 890, 891 (209 SE2d 148) (1974); Mason
v. Balcom, 230 Ga. 838, 838 (199 SE2d 313) (1973); Wyatt v. Cald-
well, 229 Ga. 597, 597 (1) (193 SE2d 607) (1972).
In fact, 15 years after Boykin, our Court was presented with
the question whether the failure of the trial court to advise the de-
fendant of one of those “Boykin rights” on the record required auto-
matic reversal of his guilty plea. We squarely rejected that view of
Boykin in a unanimous and well-reasoned opinion. In Goodman v.
Davis, the trial court held a plea hearing in which the court ques-
tioned Goodman “at some length” to make sure he understood the
43
charges against him and the consequences of pleading guilty,
whether he was entering his plea freely, and whether there was a
factual basis for the plea, and the court “advised Goodman of his
rights to trial by jury and to confront the witnesses against him.”
249 Ga. at 12. In a petition for habeas corpus, Goodman argued that
his plea was invalid because he was not specifically advised of the
right against self-incrimination. See id. We rejected that argument,
and in doing so, articulated an understanding of Boykin that was in
line with United States Supreme Court precedent and the national
consensus. We explained:
we read Boykin as requiring that there be a record of the
guilty plea hearing adequate for the reviewing court to
determine whether (1) the defendant has freely and vol-
untarily entered the plea with (2) an understanding of the
nature of the charges against him and (3) an understand-
ing of the consequences of his plea.
Id. at 13 (1). And we “decline[d] to adopt a rule which would demand
that failure to advise an accused of his right against self-incrimina-
tion invalidates a guilty plea in a case where the record reflects that
the central considerations of Boykin have otherwise been met,” rely-
ing in part on persuasive federal case law addressing Boykin and
44
Rule 11. See id. at 14 (1) & n.2. Applying that understanding of
Boykin to the case then before us, we noted that the “record . . .
show[ed] that Goodman understood the nature of the charges
against him and the consequences of his guilty plea and that the
plea was not induced by coercion, but was voluntarily entered,” and
we were “satisfied from our study of the record that Goodman com-
prehended the significance of the constitutional rights he was waiv-
ing.” Id. at 14 (1).
After Goodman, we continued with this approach for a number
of years. See, e.g., Haggins v. State, 259 Ga. 188, 189 (380 SE2d 711)
(1989) (“We have reviewed the record of the guilty pleas and find
that at the time Haggins’ pleas were accepted he was cognizant of
all the rights that he was waiving, and of the possible consequences
of his voluntary pleas of guilty.” (citing Boykin, 395 U.S. at 238));
Shaw v. State, 258 Ga. 719, 719-720 (373 SE2d 628) (1988) (“The
requirements of Boykin that the record reflect that defendant en-
tered the plea voluntarily and with understanding were met by the
45
trial court’s examination of the appellant. . . . Under all the circum-
stances, we find that the record reflects a voluntary plea of guilty to
murder given with knowledge of the rights relinquished.” (citation
omitted)); Carroll v. Holt, 251 Ga. 144, 144-145 (304 SE2d 60) (1983)
(“A review of the record reveals that Carroll was interrogated con-
cerning whether he understood the nature of the charge and that he
had no questions concerning the crime. The procedure conducted in
this case meets the requirements set forth in Boykin.” (citation omit-
ted)). Several of our decisions cited Goodman for the proposition that
Boykin requires only that the record show “(1) the defendant has
freely and voluntarily entered the plea with (2) an understanding of
the nature of the charges against him and (3) an understanding of
the consequences of his plea.” King v. State, 270 Ga. 367, 369 (1) (509
SE2d 32) (1998) (quoting Goodman, 249 Ga. at 13 (1)). See also
McDaniel v. State, 271 Ga. 552, 554 (2) (522 SE2d 648) (1999); Ca-
zanas v. State, 270 Ga. 130, 134-135 (508 SE2d 412) (1998) (Sears,
J., concurring); Green v. State, 265 Ga. 263, 263 (1) (454 SE2d 466)
(1995); Price v. State, 259 Ga. 834, 835 (388 SE2d 857) (1990).
46
2. But gradually, our Court wandered away from Goodman’s
approach to Boykin and the national consensus that Goodman was
aligned with. We took the first step off course about 14 years after
Goodman, and it appears to have been entirely unintentional and
driven by a case with unusual facts. In Bowers v. Moore,11 the de-
fendant, who was found in his habeas proceeding to have an IQ of
60, separately pleaded guilty to two aggravated assaults. 266 Ga.
893, 893-894 (471 SE2d 869) (1996). In his first plea, he was not
informed of his right to confront adverse witnesses or his privilege
against self-incrimination, while the second plea was riddled with
omissions: he was not informed of these rights or told about the pre-
sumption of innocence or minimum and maximum penalties for the
crime to which he was pleading guilty, the State did not submit a
factual basis for his plea, and the judge did not ask if Moore was
11 The holdings in Bowers v. Moore and many of the other cases discussed
below that the State bears the burden of proving that a guilty plea was volun-
tary and intelligent on habeas corpus review were overruled in Lejeune I, 296
Ga. at 299 (2). That subsequent history is omitted from the citations to those
cases.
47
under the influence or if he had been coerced. Id. Yet the Court con-
cluded that the pleas were invalid simply because “Moore was not
advised of his constitutional rights—specifically his right to confront
witnesses and privilege against self-incrimination.” Id. at 895 (2).
The Court offered this basis for reversal without citing Goodman. In
hindsight, the reversal in Bowers is better grounded in the multiple
deficiencies of the plea procedures and the surrounding circum-
stances, including Moore’s apparent intellectual disability, which
made the omissions rather obviously harmful.
A few years after Bowers, our Court struck off fully in the
wrong direction. In Nash v. State, 271 Ga. 281, 281, 284-285 (519
SE2d 893) (1999), three full decades after Boykin, we mentioned the
“three Boykin rights” for the first time—quoting a Louisiana case
that used that phrase—in a case holding that under certain circum-
stances, the burden shifts to a recidivist defendant in non-death pen-
alty cases to prove that an earlier guilty plea was not voluntarily
and intelligently entered. Nash, 271 Ga. at 285 (quoting State v.
48
Shelton, 621 So2d 769, 779-780 (La. 1993)).12 Two years later, in
Britt v. Smith, we cited Nash for the assertion that “our decisions
dealing with the validity of a guilty plea are generally couched in
terms of the defendant’s waiver of the three Boykin rights.” 274 Ga.
at 614. Of course, that assertion was not accurate: we cited only
Nash in support, and Nash was the first and only time we had actu-
ally “couched” the issue in those terms. But that sentence was all it
took: with the “three Boykin rights” as a brand-new touchstone, we
then rejected Britt’s argument that the trial court’s failure to inform
the defendant of other constitutional rights (to the presumption of
innocence, the assistance of counsel, and to subpoena witnesses)
might invalidate the defendant’s guilty plea—because those other
rights were not “Boykin rights.” See id. at 611, 615; see also id. at
616 (Sears, J., dissenting) (noting the other constitutional rights
Britt argued he was not told about).
12 Notably, two years later, in a case holding that a defendant does not
need to give a verbal response to sufficiently waive his “Boykin rights,” the
Court disavowed Nash’s adoption of Louisiana’s requirement that “a guilty
plea must be made ‘with an articulated waiver of the three Boykin rights.’” See
Motley v. State, 273 Ga. 732, 733 n.3 (546 SE2d 468) (2001) (emphasis omitted).
49
With Britt, then, our Court left in the dust our decisions calling
for a totality-of-the-circumstances review of whether a guilty plea
was voluntary and intelligent and thus valid as a matter of federal
constitutional law. In its place, we adopted an arbitrary and inflex-
ible rule focused only on whether the defendant was advised of and
had waived, on the record, the three constitutional rights mentioned
in Boykin. And this analytical shift happened without any explana-
tion at all, much less any express analysis of Boykin, or Goodman,
or the extensive jurisprudence interpreting and applying Boykin in
this and many other courts.
That shift was not a clean break. A few decisions continued to
consider all of the circumstances in deciding whether a guilty plea
was voluntary and intelligent. See, e.g., Romano v. State, 272 Ga.
238, 241 (3) (527 SE2d 184) (2000) (“Our review of the record shows
nothing unacceptable regarding appellant’s plea hearing, and we
conclude that the trial court did not err in determining that appel-
lant freely, knowingly, and intelligently entered his guilty pleas to
two counts of murder.” (citing Boykin, 395 U.S. at 238)); Harrell v.
50
State, 275 Ga. 519, 520-521 (2) (570 SE2d 315) (2002); Moore v.
State, 285 Ga. 855, 856-858 (1) (684 SE2d 605) (2009). But other de-
cisions picked up on Britt and simply accepted it as a correct state-
ment of the law, with no further scrutiny. See, e.g., State v. Cooper,
281 Ga. 63, 64-67 (1)-(2) (636 SE2d 493) (2006). And that second set
of decisions snowballed into our current approach: determining the
constitutionality of a guilty plea based only on whether the record
expressly shows that the defendant was specifically advised that he
was waiving the “three Boykin rights,” and automatically reversing
the plea when even one of those rights is not mentioned on the rec-
ord. See, e.g., Wilson v. Kemp, 288 Ga. 779, 779-780 (727 SE2d 90)
(2011) (reversing denial of habeas petition where plea hearing rec-
ord showed limited discussion of the defendant’s right to remain si-
lent at the guilty plea hearing without explaining that defendant
would have that right at trial); Sutton v. Sanders, 283 Ga. 28, 28-29
(656 SE2d 796) (2008) (reversing denial of habeas petition because
plea hearing record did not expressly indicate that the defendant
was advised of his right to a jury trial); Arnold, 282 Ga. at 67-68
51
(reversing denial of habeas petition because record did not expressly
indicate the defendant was advised of his privilege against compul-
sory self-incrimination); Hawes v. State, 281 Ga. 822, 825 (642 SE2d
92) (2007) (reversing denial of habeas petition because trial court’s
informing defendant of his right to testify if he “so desired” failed to
notify the defendant specifically about his “right . . . not to testify
during the plea proceeding that he committed the acts charged in
the indictment”).
None of these decisions applying this new approach to Boykin
even mentioned Goodman or our stark departure from the national
consensus on Boykin. We first identified (but did not resolve) the
conflict between Goodman and our more recent precedent in Tyner,
noting that “[i]t is not entirely clear how this Court got from Good-
man to Wilson,” and that “Goodman remains on the books” and is
“plainly inconsistent with our more recent precedent.” 289 Ga. at
595-596 (4). That conflict was flagged a second time in a dissenting
opinion in Lejeune v. McLaughlin, 299 Ga. 546, 548 (789 SE2d 191)
52
(2016) (“Lejeune II”) (Nahmias, J., dissenting). But the conflict re-
mains unresolved.
C. Reconsidering Georgia’s Outlier Approach to Boykin
The State now asks us to reconsider our decisions that require
automatic reversal of a guilty plea if one of the so-called “Boykin
rights” is not recited on the record. The State contends that as a
matter of federal law, the question is simply whether the record,
viewed as a whole, shows that the guilty plea in question was volun-
tary and intelligent under the totality of the circumstances. In other
words, the State asks us to return to the approach that we adopted
in our reasoned decision in Goodman, which is consistent with the
approach to Boykin and the evaluation of guilty pleas generally that
is followed by virtually every other court across the country.
Unlike many decisions to reconsider our precedent, this course
correction is one we have no choice but to make. Requests to recon-
sider our own past decisions typically face the high bar of stare de-
cisis. See, e.g., Johnson v. State, 315 Ga. 876, 887 (3) (885 SE2d 725)
(2023). On questions of federal law, however, our Court is bound by
53
holdings of the United States Supreme Court. See, e.g., Nordahl v.
State, 306 Ga. 15, 20 (1) (829 SE2d 99) (2019); Marchman v. March-
man, 198 Ga. 739, 742 (32 SE2d 790) (1945). So if one of our deci-
sions on a question of federal law conflicts with Supreme Court prec-
edent, the high court’s precedent controls, and our contrary decision
must be overruled. See Marmet Health Care Ctr., Inc. v. Brown, 565
U.S. 530, 531 (132 SCt 1201, 182 LE2d 42) (2012) (per curiam)
(“When this Court has fulfilled its duty to interpret federal law, a
state court may not contradict or fail to implement the rule so estab-
lished.”); Chesapeake & Ohio Ry. Co. v. Martin, 283 U.S. 209, 221
(51 SCt 453, 75 LEd 983) (1931) (“The determination by this court
of [a federal] question is binding upon the state courts and must be
followed, any state law, decision, or rule to the contrary notwith-
standing.”). In other words, “even the venerable doctrine of stare de-
cisis does not permit us to persist in an error of federal constitutional
law.” Lejeune I, 296 Ga. at 298.13
13 This is so whether our decision interpreting federal law is more or less
protective of a right than the United States Supreme Court’s precedent. A
54
These principles apply to our decisions that have narrowed the
question whether a guilty plea is constitutionally valid into a record
search for the three “Boykin rights.” Some of those decisions reject
challenges to guilty pleas merely because the three “Boykin rights”
show up in the record, without considering whether other deficien-
cies in the plea hearing render a guilty plea invalid. See, e.g., Britt,
274 Ga. at 611, 615; Cooper, 281 Ga. at 64 (1) (“Whether the trial
court establishes on the record a factual basis for the guilty plea does
not enter into the determination of the constitutional validity of the
plea under Boykin. As the habeas court itself recognized, that re-
quirement is only imposed on the trial court pursuant to Uniform
Superior Court Rule (USCR) 33.9.”). Others—the ones Green would
State is free to provide greater or lesser protection of a right as a matter of state
law, but we do not have that freedom as a matter of federal constitutional law,
at least when the Supreme Court has “specifically refrain[ed]” from doing so.
Oregon v. Hass, 420 U.S. 714, 719 (II) (1) (95 SCt 1215, 43 LE2d 570) (1975)
(explaining that “a State is free as a matter of its own law to impose greater
restrictions on police activity than those this Court holds to be necessary upon
federal constitutional standards. . . . But, of course, a State may not impose
such greater restrictions as a matter of federal constitutional law when this
Court specifically refrains from imposing them.”).
55
have us rely on here—require reversal of guilty pleas merely be-
cause one of those rights was not recited on the record. Sutton, 283
Ga. at 28-29; Arnold, 282 Ga. at 67-68; Hawes, 281 Ga. at 825. Both
kinds of decisions share the same unsupported premise: that finding
a recitation of the “Boykin rights” on the record is both necessary
and sufficient to concluding that a guilty plea is valid as a matter of
federal constitutional law. As we have explained at length, this
premise finds no meaningful support in Boykin or any other United
States Supreme Court precedent.
The Supreme Court has not said expressly that our outlier
rule—that a record that does not expressly indicate that the defend-
ant was specifically informed about all three “Boykin rights” re-
quires automatic reversal of a guilty plea—is wrong. But that rule
is such a clear misreading of Supreme Court precedent that we are
required to overrule it. That rule is not reasonably extracted from
Boykin itself—particularly now that the Supreme Court has de-
scribed Boykin as adding only “that the record must affirmatively
56
disclose that a defendant who pleaded guilty entered his plea under-
standingly and voluntarily,” Brady, 397 U.S. at 747 (I) n.4, with no
hint then or since that the three “Boykin rights” have any outsized
importance in the assessment of a guilty plea’s validity. And alt-
hough the national consensus we described above is only persuasive
authority, it is quite persuasive. The near-universal rejection of our
rule across the country in cases applying Boykin bolsters the case
that our automatic-reversal rule simply cannot be reconciled with
the Supreme Court’s precedent. Finally, it is telling that at least two
state courts that once applied a “Boykin rights”-focused automatic-
reversal rule like ours—California and Louisiana—have each since
concluded that the overwhelming weight of authority required them
to abandon that rule in favor of the consensus federal standard,
without addressing stare decisis. See Howard, 824 P2d at 1341-1342
(II) (H) & n.18 (explaining that the federal courts of appeals “have
expressly rejected” the rule that Boykin requires a specific recitation
of the three rights mentioned and collecting cases); Balsano, 11 So3d
57
at 477 (acknowledging that Louisiana’s “three-right rule . . . re-
flected a minority view” and “was not constitutionally required”).
All of that said, stare decisis likely would not require us to pre-
serve our “three Boykin rights” approach to guilty pleas in any event.
As we have just recounted, that approach was not a result of rea-
soned decision making. And our decisions that started that approach
are not just unreasoned, but an unreasoned departure from our own
earlier decisions—in particular, Goodman, which was, by contrast,
thoroughly reasoned and well-grounded in United States Supreme
Court precedent. Compare Britt, 274 Ga. at 612 (citing Nash, 271
Ga. at 285, for the proposition that the State’s “only burden” was to
prove the defendant’s “articulated waiver of the three Boykin
rights”) with Goodman, 249 Ga. at 13-15 (I) & n.2 (discussing
Boykin, our own prior precedent, and Boykin decisions from the fed-
eral courts of appeals (citing State v. Germany, 245 Ga. 326, 328 (265
SE2d 13) (1980); Andrews v. State, 237 Ga. 66, 67 (1) & n.1 (226
58
SE2d 597) (1976))).14 Nor are there any reliance interests to speak
of. Compare Olevik v. State, 302 Ga. 228, 245 (2) (c) (iv) (806 SE2d
505) (2017) (explaining that reliance interests are an “important
consideration for precedents involving contract and property rights”
because “parties may have acted in conformance with existing legal
rules in order to conduct transactions” (punctuation omitted)). Even
if we had a choice between continuing to follow such a rule and re-
turning to the consensus understanding of Boykin, stare decisis
likely would not require us to push farther down the wrong path.
See Johnson, 315 Ga. at 887-888 (3) (overruling decision that was
“not only wrong but obviously so; unreasoned (bordering on acci-
dental); in conflict with our own decisions; and . . . work[ed] genuine
14 We generally presume that a later decision that conflicts with an ear-
lier decision has tacitly overruled the earlier decision. Taylor v. Devereux
Found., Inc., 316 Ga. 44, 62-63 (III) (C) (885 SE2d 671) (2023) (declining to
follow earlier decision where later decision that conflicted properly recited and
applied a “bedrock principle”). But when that tacit overruling was not only un-
noticed by the Court that did it but also unreasoned, as in Nash and Britt, stare
decisis arguably applies to the new decision with less force. See Ammons v.
State, 315 Ga. 149, 171-172 (1) (880 SE2d 544) (2022) (Pinson, J., concurring)
(“If the past decision in question is unreasoned, or if it disregards the basic
legal principles that courts use to do law, the argument for overruling is easier
to make.”).
59
harm to important review rights of . . . criminal defendants”).15
In short, our decisions reversing a guilty plea merely because
the record does not show that the defendant was expressly apprised
of all three of the so-called “Boykin rights” are overruled. 16
With these decisions cleared away, our law finds its way back
15 When asked to reconsider our past decisions, this Court has “typically”
considered a list of factors that include the “soundness” of the precedent’s rea-
soning, its “age,” its “workability,” and the “reliance interests at stake.” John-
son, 315 Ga. at 888 (3). “This list of factors has never purported to be exclusive,
and several of us have expressed concerns with those factors, or at least with
how they are usually applied.” Id. at 888-889 (3) (cleaned up). This case is a
good example of one for which at least some of these factors would seem a poor
fit. For instance, how are we to characterize the “age” of the precedent in ques-
tion when that precedent comprises a line of decisions spanning the latest 25
years—and which way does that cut given the presence of an older line of con-
flicting precedent that has not been expressly overruled? And it is perhaps
more “workable” for an appellate court to have to review only whether the three
“Boykin rights” have been recited on the record, but if that approach does not
reflect a reasonable understanding of the actual federal standard for assessing
whether a guilty plea is valid, it is hard to see how “workability” could play a
meaningful role in the stare decisis analysis. In any event, we need not resolve
these concerns here given our conclusion that the conflict with United States
Supreme Court precedent requires us to overrule our decisions applying the
“three Boykin rights” approach to guilty pleas.
16 These decisions include Nash, 271 Ga. 281, Britt, 274 Ga. 611, Arnold,
282 Ga. 66, Hawes, 281 Ga. 822, Sutton, 283 Ga. 28, Wilson, 288 Ga. 779,
Tyner, 289 Ga. 592, Lejeune II, 299 Ga. 546, Foskey v. Battle, 277 Ga. 480 (591
SE2d 802) (2004); Pulliam v. State, 278 Ga. 354 (602 SE2d 833) (2004), Baisden
v. State, 279 Ga. 702 (620 SE2d 369) (2005), Johnson v. Smith, 280 Ga. 235
(626 SE2d 470) (2006), Beckworth v. State, 281 Ga. 41 (635 SE2d 769) (2006),
State v. Hemdani, 282 Ga. 511 (651 SE2d 734) (2007), Denson v. Frazier, 284
Ga. 858 (672 SE2d 625) (2009), and Sanders v. Holder, 285 Ga. 760 (684 SE2d
239) (2009).
60
to the rule outlined in Goodman and explained years before by the
United States Supreme Court: a guilty plea is valid as a matter of
federal constitutional law if the record affirmatively shows that it is
voluntary and intelligent under the totality of the circumstances.
See, e.g., Goodman, 249 Ga. at 14-15 (1); Thomason, 229 Ga. at 642-
643. See also Brady, 397 U.S. at 747 (I) n.4, 748 (I)-749 (II) & n.6.
As Goodman explained, that means there must be “a record of the
guilty plea hearing adequate for the reviewing court to determine
whether (1) the defendant has freely and voluntarily entered the
plea with (2) an understanding of the nature of the charges against
him and (3) an understanding of the consequences of his plea.” 249
Ga. at 13 (1). But the “failure to advise an accused of his right
against self-incrimination” (or the other two “Boykin rights”) does
not require the reversal of a guilty plea where the longstanding “in-
telligent and voluntary” standard has otherwise been met. See id. at
13-15 (1) (citation omitted).17
17 A word on harmless error. When a defendant in Georgia courts claims
that a guilty plea is invalid as a matter of federal due process, harmless-error
61
This does not mean that a trial court may neglect to undertake
a careful and searching plea hearing with the defendant. As the
United States Supreme Court has noted, “a guilty plea is a grave
and solemn act to be accepted only with care and discernment.”
Brady, 397 U.S. at 748 (I). In Georgia, our trial courts have always
been required to carefully follow the procedures laid out in Uniform
Rule of Superior Court 33.8 (Georgia’s analogue to the federal Rule
11), 18 and our many cases explaining that the defendant must be
review is not part of the analysis of that claim. Review for harmless error typ-
ically happens in federal courts because such challenges are ordinarily raised
under Rule 11 rather than directly under the Constitution. See, e.g., See e.g.,
United States v. Stead, 746 F2d 355, 356-357 (6th Cir. 1984); United States v.
Gomez-Cuevas, 917 F2d 1521, 1525 (10th Cir. 1990); United States v. Johnson,
1 F3d 296, 298 (5th Cir. 1993). Because a deviation from the mandatory proce-
dures of Rule 11 is an “error,” the question becomes whether it is “harmless
error” under Rule 11 (h). By contrast, when a defendant claims that a guilty
plea violates federal due process directly, the question reduces to whether the
record affirmatively shows that the defendant’s guilty plea was voluntary and
intelligent under all the circumstances. Boykin, 395 U.S. 238; Brady, 397 U.S.
at 747-748 (I). If it was, there is no “error” to review for harm. If, on the other
hand, the guilty plea was not voluntary and intelligent under the circum-
stances, that constitutional error requires reversal without further assessment
of harm. See Brady, 397 U.S. at 747 (I) & n.4; see also id. at 748 (I) n.5 (collect-
ing cases); Bousley v. United States, 523 U.S. 614, 618 (118 SCt 1604, 140
LEd2d 828) (1998) (“A plea of guilty is constitutionally valid only to the extent
it is ‘voluntary’ and ‘intelligent.’”) (citations omitted).
18 The current version of USCR 33.8 reads in full:
62
aware of the relevant circumstances and likely consequences of en-
tering a guilty plea. See, e.g., Mahaffey v. State, 308 Ga. 743, 746-
747 (2) (a) (843 SE2d 571) (2020); Bradley v. State, 305 Ga. 857, 859
(2) (828 SE2d 322) (2019); Lewis v. State, 293 Ga. 544, 547 (1) (748
The judge should not accept a plea of guilty or nolo contendere from a
defendant without first:
(A) Determining on the record that the defendant understands the na-
ture of the charge(s);
(B) Informing the defendant on the record that by entering a plea of
guilty or nolo contendere one waives:
(1) the right to trial by jury;
(2) the presumption of innocence;
(3) the right to confront witnesses against oneself;
(4) the right to subpoena witnesses;
(5) the right to testify and to offer other evidence;
(6) the right to assistance of counsel during trial;
(7) the right not to incriminate oneself; and that by pleading not
guilty or remaining silent and not entering a plea, one obtains
a jury trial;
(C) Where a defendant is not represented by counsel, informing the de-
fendant of his right to be assisted by counsel in entering the plea, as well as at
trial, and that the defendant is knowingly and voluntarily waiving that right;
and
(D) Informing the defendant on the record:
(1) of the terms of any negotiated plea;
(2) that a plea of guilty may have an impact on his or her immigration
status if the defendant is not a citizen of the United States;
(3) of the maximum possible sentence on the charge, including that
possible from consecutive sentences and enhanced sentences
where provided by law; and/or
(4) of the mandatory minimum sentence, if any, on the charge. This
information may be developed by questions from the judge, the
prosecuting attorney or the defense attorney or a combination of
any of these.
63
SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750
SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d
177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586)
(2009). When a trial court follows these procedures, thereby “can-
vassing the matter with the accused to make sure he has a full un-
derstanding of what the plea connotes and of its consequence,” the
court “leaves a record adequate for any review that may be later
sought.” Boykin, 395 U.S. at 244. But the failure to follow any par-
ticular part of these procedures, including informing a defendant
about the waiver of the three “Boykin rights,” is not automatic
grounds for reversal as long as the procedures the court followed
show that the defendant’s guilty plea was voluntary and intelligent
under the totality of the circumstances.
D. Application
This returns us to Green’s appeal. Green’s only claim on appeal
is that his guilty plea is invalid because the record doesn’t show that
he was informed of his privilege against self-incrimination. His
claim fails.
64
The record as a whole demonstrates that Green’s guilty plea
was voluntary and intelligent under the totality of the circum-
stances. At the plea hearing, Green indicated that he was aware of
the charges he was facing, the maximum sentences for those
charges, which charges he would be pleading guilty to, and what the
recommended sentence would be. Green affirmed that his guilty plea
was made knowingly and freely and that no one promised him any-
thing outside the negotiated plea. The trial court confirmed that
Green understood the rights he would waive by pleading guilty, in-
cluding his rights to a jury trial, to cross-examine the State’s wit-
nesses, to challenge the State’s evidence, to present evidence and
witnesses in his favor if Green chose, to testify if he chose, and to
appeal a jury’s potential verdict of guilty. Then, at the hearing on
Green’s motion for an out-of-time appeal, plea counsel testified that
she discussed the charges with Green, informed him of the possible
minimum and maximum sentences, and conveyed the plea offer, and
that Green wanted to accept the guilty plea. Plea counsel also testi-
fied, albeit through objections by opposing counsel, that she has a
65
general practice of telling clients who plead guilty about the rights
they give up by doing so. And plea counsel submitted an affidavit in
which she averred substantially the same thing.
This record, taken as a whole, demonstrates that Green en-
tered his guilty plea voluntarily and with awareness of the relevant
circumstances and likely consequences, including the constitutional
rights he would be waiving by entering a guilty plea. This satisfies
the requirements of federal due process, see Boykin, 395 U.S. at 243-
244; Brady, 397 U.S. at 747 (I) n.4. So, notwithstanding the lack of
an express indication on the record that Green was specifically in-
formed about his waiver of the right against self-incrimination, his
guilty plea was valid.
Judgment affirmed. All the Justices concur.
66