Berrien v. State, 300 Ga. 489

Appellant Michael Berrien was indicted for malice murder, felony murder (aggravated assault), and weapons offenses after shooting Marcus Collins; ballistics linked a Hi‑Point .380 to the bullets and witnesses placed Berrien in the car when shots were fired.
At trial, with experienced counsel J. Clayton Culp, Berrien entered an Alford guilty plea to felony murder; other charges were nolle prossed; the court found the plea voluntary and found a factual basis and sentenced him to life with parole.
On the day of sentencing Berrien declined to withdraw his plea, but six days later he moved to withdraw the plea; after an evidentiary hearing the trial court denied the motion.
Berrien argued (1) ineffective assistance of counsel: counsel advised the plea as a delay tactic and failed adequate investigation, and (2) manifest injustice: he consistently maintained someone else shot the victim and thus should be allowed to withdraw the plea.
The trial court credited counsel’s testimony about investigation, overwhelming evidence, and lack of promise to allow later withdrawal; the court denied the motion and the Georgia Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel in plea process	Berrien: Culp failed to investigate/prepare and told him to plead to delay trial with false assurance he could withdraw a week later	State: Culp thoroughly investigated, advised plea given overwhelming evidence, denied promising withdrawal	Denied — court credited counsel; Berrien failed to show deficient performance or prejudice required to overturn plea
Motion to withdraw plea to correct manifest injustice (Alford plea)	Berrien: Continued insistence someone else shot the victim shows plea causes manifest injustice and should be withdrawn	State: A knowing, voluntary Alford plea with factual basis is not a manifest injustice merely because defendant won't admit participation	Denied — Alford allows plea without admission; no abuse of discretion in refusing to withdraw plea

North Carolina v. Alford, 400 U.S. 25 (1970) (a defendant may plead guilty while continuing to protest innocence if plea is voluntary and supported by factual basis)
Lafler v. Cooper, 566 U.S. 156 (2012) (standard for ineffective-assistance claims in the plea context requires showing counsel’s deficient performance and reasonable probability of a different outcome)
Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective assistance where defendant pleaded guilty)
McGuyton v. State, 298 Ga. 351 (2016) (credibility determinations at plea‑withdrawal hearing are for the trial court; Alford pleas not per se manifest injustice)
McKiernan v. State, 288 Ga. 140 (2010) (upholding denial of motion to withdraw Alford plea where defendant disputed culpability)
Glover v. State, 300 Ga. 88 (2016) (trial court may disbelieve defendant’s testimony at plea‑withdrawal hearing and credit counsel)