Allen v. State
318 Ga. App. 531
Ga. Ct. App.2012Background
- Allen pleaded guilty to two counts of child molestation as part of a negotiated disposition, with other charges nolle prossed and a multi-year sentence imposed.
- Allen sought to withdraw his guilty plea a month later on ineffective-assistance grounds related to plea negotiations.
- Trial counsel testified he considered filing a special demurrer for more precise offense dates but chose not to, fearing strategic drawbacks and possible State correction of any defect.
- The State and trial court conducted a Strickland-based analysis, requiring deficient performance and a reasonable probability of a different outcome.
- Allen argued counsel erred by seeking/receiving a chlamydia test and disclosing the positive result to the State, allegedly harming the plea decision.
- The appellate court upheld the denial of withdrawal, finding no reasonable probability that the plea would have been rejected absent the challenged conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for not filing a special demurrer? | Allen. | Allen's trial counsel acted strategically. | No reversible error; decision within trial court discretion; strategic choice not deficient. |
| Did counsel's disclosure of the chlamydia test result amount to ineffective assistance? | Allen. | Disclosures were improper and prejudicial to defense. | No, not shown to produce a reasonable probability of different result. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong deficient performance and prejudice test)
- Fuller v. State, 277 Ga. 505 (Ga. 2004) (informal discussion of strategic decisions and effectiveness)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (ineffective assistance standards in Georgia)
- Phillips v. State, 277 Ga. 161 (Ga. 2003) (informed strategic decisions do not constitute ineffective assistance)
- Hill v. State, 291 Ga. 160 (Ga. 2012) (trial court weighs evidence; credibility determinations; standard review)
- Mahone v. State, 317 Ga. App. 597 (Ga. App. 2012) (contextual discussion related to this factual pattern)