Arrington v. the State
332 Ga. App. 481
| Ga. Ct. App. | 2015Background
- Arrington was indicted for armed robbery and entered a negotiated guilty plea on January 22, 2009, receiving an 18-year sentence.
- As part of the plea bargain, Arrington signed a written waiver of post-conviction rights, agreeing not to challenge the plea or seek a direct or out‑of‑time appeal; the form allowed ineffective-assistance claims.
- At the plea hearing Arrington stated he reviewed and signed the waiver, had discussed rights with counsel, was satisfied with counsel, and was not coerced.
- Arrington filed a motion to withdraw the plea shortly after sentencing, which the trial court denied; multiple later motions for out‑of‑time appeal were also denied.
- Arrington (pro se) contended he did not knowingly and voluntarily plead guilty because counsel and the court failed to advise him of constitutional rights and counsel failed to advise him of the right to appeal.
- The trial court denied his fourth motion for an out‑of‑time appeal; Arrington appealed and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arrington’s waiver of post‑conviction rights bars an out‑of‑time appeal | Waiver invalid because counsel failed to advise him of appeal rights and waiver form didn’t adequately inform him | Waiver was voluntary, knowing, intelligent; supported by signed form and plea colloquy | Waiver valid; out‑of‑time appeal barred |
| Whether plea was knowing and voluntary | Plea involuntary due to counsel pressure and failure to inform of constitutional rights | Plea was knowing and voluntary; Arrington testified he understood rights and was satisfied with counsel | Plea voluntary; record contradicts plaintiff’s claim |
| Whether ineffective assistance of counsel claim removes waiver bar to out‑of‑time appeal | Counsel ineffective for not advising of right to appeal, which would preserve appeal rights despite waiver | Record shows Arrington discussed rights with counsel and was satisfied; ineffective‑assistance claim lacks merit | No merit to ineffective‑assistance claim; waiver stands |
| Whether trial court abused discretion in denying out‑of‑time appeal | Denial improper given alleged failures by counsel and court | Trial court properly exercised discretion based on record and binding waiver | No abuse of discretion; denial affirmed |
Key Cases Cited
- Belcher v. State, 304 Ga. App. 645 (review of denial of out‑of‑time appeal is for abuse of discretion)
- Brown v. State, 290 Ga. 321 (availability of out‑of‑time appeal after guilty plea limited to issues resolvable from the record)
- Rush v. State, 276 Ga. 541 (defendant may waive post‑conviction relief as part of negotiated plea if waiver is voluntary, knowing, intelligent)
- Bryan v. State, 296 Ga. App. 341 (waiver validity can be shown by signed form or thorough judicial questioning)
- Adams v. State, 285 Ga. 744 (trial court may deny out‑of‑time appeal when the record shows claimed errors lack merit)
- Surh v. State, 303 Ga. App. 380 (defendant may withdraw a guilty plea anytime before oral pronouncement of sentence)