# Brown v. State

> Supreme Court of Georgia · November 7, 2011 · 290 Ga. 50

URL: https://www.frixlaw.com/law-library/cases/9780818

## Case

- **Full name:** Brown v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** November 7, 2011
- **Citations:** 290 Ga. 50; 2011 Fulton County D. Rep. 3424; 718 S.E.2d 1; 2011 Ga. LEXIS 877
- **Precedential status:** Published
- **Opinion:** Concurrence by Nahmias
- **Judges:** Hunstein, Nahmias, Thompson, Melton
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9780818

## How later opinions describe it (automated extraction)

- holding that, although the trial court did not fully inform the defendant of all three Boykin rights, the record established that the defendant was apprised of these rights when he completed a waiver-of-rights form and the trial court entered into a colloquy to ensure that the…
- holding that waiver- of-rights form adequately conveyed core principles of “the privilege against compulsory self-incrimination” through use of other wording
- holding that waiver-of-rights form adequately conveyed core principles of “the privilege against compulsory self-incrimination” through use of other wording

## Opinion text

NAHMIAS, Justice,
concurring.
The Court correctly applies our Boykin-based decisions of the past few years to hold that Brown was adequately advised of his “three Boykin rights” and thus that his 1993 guilty plea — which he did not challenge until 2008 — was freely and voluntarily entered. I would prefer to reach that result, and it would be easier to do so, using the less formalistic analysis that I believe Boykin actually requires and that our older, but never overruled, cases employed. See Tyner v. State, 289 Ga. 592, 595 (4) ( 714 SE2d 577 ) (2011) (opinion of Nahmias, J., joined by Carley, E J.); Goodman v. Davis, 249 Ga. 11, 14 ( 287 SE2d 26 ) (1982) (“We decline to adopt a rule which would demand that failure to advise an accused of his right against self-incrimination invalidates a guilty plea in a case where the record reflects that the central considerations of Boykin have otherwise been met.”). However, because the Court’s opinion reaches the right result and does no further harm to our Boykin case law, I can join the opinion in full.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9780818. Public record. Not legal advice.