301 Ga. 748
Ga.2017Background
- Brooks was indicted in 2009 on multiple counts including murder; in July 2011 he pleaded guilty pursuant to a plea deal to lesser offenses (voluntary manslaughter) and was sentenced to 30 years (23 in confinement).
- Brooks moved to withdraw that July 2011 plea; the trial court granted withdrawal (counsel withdrawn/appointed), and in October 2011 Brooks entered a new, non-negotiated guilty plea to most counts, receiving life plus ten years.
- Brooks filed multiple postconviction motions (motion to vacate, motions for out-of-time appeal, motion to correct void sentence) between 2012 and 2016; prior requests for out-of-time appeal were denied and an earlier appeal was dismissed as untimely.
- In September 2016 Brooks filed (1) a motion to withdraw his October 2011 guilty plea, (2) a motion for an out-of-time appeal of his convictions, and (3) a request for appellate counsel; the trial court denied all three and Brooks appealed pro se.
- The Supreme Court of Georgia held the trial court properly denied the out-of-time appeal motion under res judicata, concluded the motion to withdraw the October 2011 plea was untimely (trial court lacked jurisdiction) and thus its merits ruling was improper (vacated and remanded to dismiss), and held Brooks was not entitled to appointed appellate counsel for these motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks is entitled to an out-of-time appeal of his convictions | Brooks contends counsel’s deficiencies and related events justify an out-of-time appeal | Trial court noted prior motions and prior denial; no sufficient reason to reopen appeal right | Denied — res judicata bars relitigation of out-of-time appeal request |
| Whether Brooks may withdraw his October 2011 guilty plea | Brooks argued plea withdrawal is warranted (contends earlier plea process problems) | State argued motion was untimely; filed well after the term in which sentence was entered | Trial court lacked jurisdiction; its merits decision vacated and remanded with instruction to dismiss the untimely motion |
| Whether trial court erred by denying the motion rather than dismissing it for lack of jurisdiction | Brooks implicitly challenges court’s denial on merits despite lack of jurisdiction | State relies on precedent that untimely motions must be dismissed; where court decided merits, vacatur is required | Court vacated trial court’s order because it ruled on merits and remanded for dismissal |
| Whether Brooks was entitled to appointed appellate counsel for his motions | Brooks requested counsel to pursue out-of-time appeal and appeal denial of plea-withdrawal | State argued indigent counsel not entitled for out-of-time motions or untimely plea-withdrawal appeals | Denied — no right to appointed counsel for these motions given untimeliness and that out-of-time motions are not first appeal of right |
Key Cases Cited
- Beasley v. State, 298 Ga. 49 (doctrine of res judicata bars relitigation of out-of-time appeal claims)
- Crowder v. State, 265 Ga. 719 (prior denial of ineffective-assistance claim forecloses later out-of-time appeal request)
- Lay v. State, 289 Ga. 210 (motion to withdraw guilty plea must be filed within same term as sentence; untimeliness deprives trial court of jurisdiction)
- Hammond v. State, 292 Ga. 237 (trial court should dismiss, not decide, motions it lacks jurisdiction to hear)
- McGee v. State, 296 Ga. 353 (affirming denial of untimely motion where record showed no merits ruling)
- Pierce v. State, 289 Ga. 893 (indigent defendants generally entitled to counsel only for trial and direct appeal; not for out-of-time motions)
- Murrell v. Young, 285 Ga. 182 (appointment of counsel for appeal of denial of a timely motion to withdraw plea may be required)
- Mims v. State, 299 Ga. 578 (out-of-time appeal motion is not part of a defendant’s first appeal of right)
- Foster v. State, 294 Ga. 400 (out-of-time motion to withdraw plea is not a proper vehicle to attack convictions as void)