Adams v. State
316 Ga. App. 161
Ga. Ct. App.2012Background
- Adams, represented by counsel, pled guilty to possession of cocaine under a negotiated plea.
- In February 2007, the trial court entered a judgment of conviction and sentence on the plea.
- Adams filed motions to withdraw the guilty plea and to vacate the judgment, which the trial court denied.
- Adams, pro se, appealed the denials and the court affirmed.
- The court held the voluntariness issue barred by prior appeal and lack of trial-court competency inquiry.
- The court also held that credit for time served and the banishment probation condition were not properly reviewable on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea voluntarily entered? | Adams argues lack of voluntariness due to mental disorder. | State contends plea was freely and voluntarily entered. | No reversible error; voluntariness established. |
| Can voluntariness be relitigated after prior appeal? | Adams seeks to relitigate voluntariness on appeal. | State relies on prior ruling affirming voluntariness and waiver. | Precluded by previous appellate decision. |
| Was a competency evaluation required before the plea? | Adams asserts mental incompetence requires evaluation. | State asserts no basis to doubt competency; no evaluation ordered. | No error; no indication of mental competency doubt. |
| Can credit for time served or the banishment condition be reviewed on direct appeal? | Adams claims improper time-credit and illegal probation condition. | Credit and conditions are not reviewable here; only seek mandamus/habeas or remand if misdirected. | Not reviewable on direct appeal; judgment affirmed without remand. |
Key Cases Cited
- Shaw v. State, 302 Ga. App. 363 (2010) ((punctuation and footnotes omitted))
- Adams v. State, 298 Ga. App. 518 (2009) ((680 SE2d 429))
- Godinez v. Moran, 509 U.S. 389 (1993) (competence threshold for understanding proceedings; duty to inquire)
- Perry v. State, 269 Ga. App. 178 (2004) (no sua sponte competency hearing required when no doubt raised)
- Cutter v. State, 275 Ga. App. 888 (2005) (limits on reviewing probation-related issues on appeal)
- Ross v. State, 310 Ga. App. 326 (2011) (law of the case; issues decided in earlier appeal bind later proceedings)