Bailey v. State
313 Ga. App. 824
Ga. Ct. App.2012Background
- Bailey was indicted on two counts of aggravated battery and other charges arising from an April 18, 2010 attack on Brittany Smith and Sharon Glover.
- Bailey pleaded guilty on November 30, 2010 to one count each of aggravated assault, aggravated battery, and battery; fourteen-year sentence (eight years imprisonment) was imposed and remaining charges were dismissed.
- Bailey moved to withdraw the guilty plea pro se, alleging ineffective assistance of counsel; new counsel represented him at the withdrawal hearing; the trial court denied the motion.
- The appeal centers on whether Bailey showed deficient performance and prejudice under Strickland, and the standard that the trial court acts as final arbiter of factual issues.
- Bailey claimed the public defender's office attorney (Schumaker) failed to discuss a May 2010 plea offer of ten years; the State offered fourteen years in November 2010, which Bailey accepted.
- The trial court found Bailey was properly advised and that there was no ineffective assistance, denying withdrawal; on appeal, the court affirmed, distinguishing Johnson v. State and concluding no prejudice shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal of plea was proper | Bailey | Bailey | Trial court did not abuse discretion; denial affirmed |
| Whether counsel's performance was deficient under Strickland | Bailey | Schumaker | No deficient performance established |
| Whether prejudice existed from counsel's alleged deficiencies | Bailey | Bailey | No reasonable probability of a better outcome; no prejudice shown |
| Whether the May 2010 plea offer affected the analysis | Bailey | State | Offer not shown to be open when Schumaker took over; no prejudice established |
Key Cases Cited
- Weeks v. State, 260 Ga.App. 129, 578 S.E.2d 910 (Ga. Ct. App. 2003) (abuse of discretion standard for withdrawal of guilty plea)
- Caudell v. State, 262 Ga.App. 44, 584 S.E.2d 649 (Ga. Ct. App. 2003) (trial court final arbiter of factual issues)
- Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984) (two-prong test for ineffective assistance claims)
- Brown v. State, 280 Ga. App. 767, 634 S.E.2d 875 (Ga. Ct. App. 2006) (on withdrawal based on ineffective assistance, defendant bears burden)
- Johnson v. State, 289 Ga. 532, 712 S.E.2d 811 (Ga. 2011) (advising of plea offer and potential consequences; credibility determinations)
- Norwood v. State, 311 Ga. App. 815, 717 S.E.2d 316 (Ga. Ct. App. 2011) (credibility determinations on motion to withdraw plea)
- McCloud v. State, 240 Ga. App. 335, 525 S.E.2d 701 (Ga. Ct. App. 1999) (credibility and prejudice assessment standards)
- Scott v. State, 302 Ga. App. 111, 690 S.E.2d 242 (Ga. Ct. App. 2010) (State may withdraw unaccepted plea offers unless otherwise agreed)