Jones v. Balkcom Book Reviews

Jones v. Balkcom by Supreme Court of Georgia Book Summary

On August 13, 1952, Ozzie Jones was indicted by the grand jury of Chatham County for the offense of rape, alleged to have been committed on July 12, 1952. On October 7, 1952 he was found guilty and sentenced to death by electrocution. His motion for a new trial, on the general grounds and on grounds added by amendment, was overruled, and that judgment was affirmed by this court on April 13, 1953. Jones v. State, 209 Ga. 685 (75 S.E.2d 429). On July 20, 1953, Jones filed a petition in the City Court of Reidsville against R. P. Balkcom, Jr., Warden of the State Prison, for the writ of , in which petition it was alleged that the warden was holding the petitioner for the purpose of executing the sentence of death which had been imposed under his conviction. The ground upon which he sought his release was that his conviction was illegal and void, because he was not guilty of the offense charged and had not been given a fair and impartial trial, he being denied certain rights guaranteed him by article I, section I, paragraph V of the Constitution of Georgia (Code, Ann., § 2-105), and by the Fourteenth Amendment to the Constitution of the United States (Code, Ann., § 1-815). He alleged that he was denied due process of law, in that counsel who represented him both in the trial and in the appellate court was unprepared, grossly negligent, incompetent, and had deliberately abandoned grounds of appeal which he was aware would have assured him a new trial. He set out in his petition certain acts (referred to in the opinion), which he alleged showed gross negligence and incompetence on the part of his counsel. On the hearing of this application, Jones introduced oral and documentary evidence in support of his contention, and the respondent introduced evidence in opposition to the petition. At the hearing, the Judge entered an order denying the application and remanding the applicant to the custody of the warden, and granted a supersedeas to enable counsel for Jones to present a bill of exceptions to the judgment. The bill of exceptions was duly presented and certified, and error is here assigned on the refusal to discharge the applicant.

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