Arnold v. State
292 Ga. 95
Ga.2012Background
- Appellant Darchelle Renee Arnold was indicted on two counts of malice murder, four counts of felony murder, three counts of armed robbery, and six counts of aggravated assault for the shooting deaths of two victims and wounding of another.
- Plea negotiations led Arnold to plead guilty to two felony murder counts and one aggravated assault, with sentences of two concurrent life terms for felony murder and twenty years on probation, to be served consecutively for aggravated assault.
- Arnold moved to withdraw her guilty plea, alleging ineffective assistance of counsel and that her plea was not knowing, voluntary, and intelligent; after a hearing, the motion was denied and this appeal followed.
- Arnold claimed defense counsel wrongly advised her that she would be eligible for parole within the first 30 years and that she could withdraw her guilty plea anytime after sentencing; she argued but for these errors she would not have pled.
- The defense testified that counsel correctly advised Arnold she would not be eligible for parole until serving 30 years, and that counsel did not tell her she could withdraw her plea; the trial court credited counsel’s testimony and rejected the ineffective assistance claim; the court also found no error in the plea withdrawal decision, given the credibility findings and the record.
- The court held Arnold knowingly, intelligently, and voluntarily waived her rights at the guilty-plea hearing despite the absence of a court instruction on the mandatory minimum for felony murder; the record supported the credibility of counsel’s testimony and Arnold did not show manifest injustice warranting withdrawal; the motion to withdraw was denied and the judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel in plea | Arnold (State) | Arnold argues counsel’s errors caused involuntary plea | No reversible error; performance not deficient per trial court credibility; Strickland/Hill standard applied; no prejudice shown. |
| Plea voluntary and knowing despite missing Rule 33.8 warning | Arnold | Plea was voluntary; the court’s warning not essential | Not a manifest injustice; withdrawal denied; plea valid. |
Key Cases Cited
- Hill v. Lockhart, 474 U.S. 52 (1985) (establishes two-part test for guilty-plea ineffective-assistance claims; prejudice requires showing would have gone to trial absent errors)
- Strickland v. Washington, 466 U.S. 668 (1984) (sets deficient-performance and prejudice standard)
- State v. Heath, 277 Ga. 337 (2003) (Ga. standard for evaluating counsel performance in guilty pleas)
- Moore v. State, 278 Ga. 397 (2004) (appellate deference to trial court factual findings; review of legal conclusions de novo)
- Floyd v. State, 293 Ga. App. 235 (2008) (ineffective assistance from erroneous parole advice (Ga. appellate context))
- Adams v. State, 285 Ga. 744 (2009) (withdrawal of guilty plea to correct manifest injustice; standard applied)
- Maddox v. State, 278 Ga. 823 (2005) (manifest injustice standard for plea withdrawal)
- State v. Evans, 265 Ga. 332 (1995) (manifest injustice test for plea withdrawals)
- Britt v. Smith, 274 Ga. 611 (2001) (not required to advise of every right for knowing/voluntary plea)