ALLEN v. DAKER (And Vice Versa)
311 Ga. 485
| Ga. | 2021Background
- Waseem Daker was tried in Cobb County (2012) for the 1995 murder of Karmen Smith; convicted of malice murder and related counts and sentenced to life plus additional years.
- Daker had multiple lawyers (private and CDO-appointed/standby); he waived counsel and proceeded pro se at trial after a Faretta colloquy; the court did not separately admonish him about self‑representation on appeal or post‑conviction proceedings.
- After conviction, Daker repeatedly requested appointment of appellate counsel and in forma pauperis relief; the trial court denied appointment based largely on a prior Cobb County Circuit Defender Office (CDO) indigency determination finding him not indigent.
- Daker pursued a pro se direct appeal (affirmed), then filed a habeas petition raising 438 grounds; he later sought a certificate of probable cause raising only two claims: denial of appellate counsel and improper CDO indigency handling.
- This Court (Georgia Supreme Court) remanded to the habeas court to identify which habeas grounds implicated those two claims and to make findings; the habeas court concluded (correctly) that the record did not show a valid waiver of appellate counsel but inconsistently remanded the case to the trial court and otherwise denied relief.
- The Supreme Court affirmed the habeas court to the extent it found no valid waiver of appellate counsel, reversed the parts ordering a remand to the trial court or summarily denying relief, and remanded with direction to grant Daker an out‑of‑time direct appeal (with counsel if indigent).
Issues
| Issue | Plaintiff's Argument (Daker) | Defendant's Argument (Warden) | Held |
|---|---|---|---|
| Validity of waiver of right to appellate counsel | Daker argues he did not validly waive appellate counsel; he repeatedly requested appointment after conviction | Warden argued no relief because Daker had engaged in conduct showing waiver and was not indigent | Court held Daker did not validly waive appellate counsel; record lacks an express or functional waiver for appeal |
| Indigency determination / delegation to CDO | Daker contends the trial court improperly delegated indigency determinations to CDO and CDO wrongly denied appointment | Warden/State relied on IDA: CDO is authorized to determine indigency; trial court relied on CDO finding | Court held under the Indigent Defense Act the CDO properly determines indigency; record shows CDO had found Daker not indigent at the relevant time |
| Appropriateness of remanding habeas to trial court for indigency/appellate-counsel findings | Daker sought direct resolution without remand; habeas court remanded | Warden argued remand to trial court was required | Court held habeas court cannot remand to trial court; it must resolve claims itself — remand to trial court was improper |
| Remedy for denial of appellate counsel | Daker seeks new direct appeal with counsel; Warden opposed broad relief | Warden urged habeas court determination or other limited relief | Court directed habeas court to grant relief by ordering a second, out‑of‑time direct appeal (appointed counsel if CDO finds indigent) |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (a defendant has a Sixth Amendment right to represent himself but waiver of counsel must be knowing, voluntary, and intelligent)
- Evitts v. Lucey, 469 U.S. 387 (1985) (counsel is generally necessary to vindicate appellate rights; denial of appellate counsel can void an appeal)
- Merriweather v. Chatman, 285 Ga. 765 (2009) (before permitting pro se representation on appeal, trial court must admonish and obtain a knowing waiver on the record)
- Bryant v. State, 268 Ga. 616 (1997) (recognizes functional waiver doctrines when defendant’s conduct precludes counsel)
- Roberson v. State, 300 Ga. 632 (2017) (Indigent Defense Act assigns initial indigency determinations to circuit public defenders)
- Hall v. Jackson, 310 Ga. 714 (2021) (reiterates right to counsel for trial, motion for new trial, and direct appeal)
- Trauth v. State, 295 Ga. 874 (2014) (invalid denial of appellate counsel renders the original pro se appeal of no validity)
- Hatcher v. State, 320 Ga. App. 366 (2013) (discusses functional waiver by non‑indigent defendants failing to retain counsel)