Brooks v. State
301 Ga. 748
| Ga. | 2017Background
- Brooks was indicted (May 2009) on multiple serious charges; he pleaded guilty July 22, 2011 (to lesser-included voluntary manslaughter among other counts) under a plea agreement and was sentenced to 30 years (23 to serve).
- Counsel filed to withdraw that July 2011 plea on August 23, 2011; the trial court granted withdrawal (with State’s consent) and new counsel was appointed.
- On October 28, 2011, Brooks entered a second (non‑negotiated) guilty plea to nearly all counts, and the court imposed life plus ten years; final disposition entered November 3, 2011.
- Brooks pursued multiple post‑conviction motions (motion to vacate, several motions for out‑of‑time appeal, motion to correct void sentence) between 2012–2016; most were denied or dismissed; an appeal of one denial was dismissed in March 2013.
- In September 2016 Brooks filed (1) a motion to withdraw his October 2011 guilty plea, (2) a motion for an out‑of‑time appeal, and (3) a request for appellate counsel; the trial court denied all three and Brooks appealed to the Supreme Court of Georgia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks is entitled to an out‑of‑time appeal of his convictions | Brooks contends he should get an out‑of‑time appeal because counsel’s deficient performance led to no timely appeal after his earlier plea(s) | State/trial court contends Brooks already sought and was denied out‑of‑time relief previously; res judicata bars repeat relief | Denied — prior denial precludes relitigation (res judicata) |
| Whether the trial court erred in denying motion to withdraw October 2011 plea | Brooks argues he should withdraw the October plea (e.g., because earlier withdrawal of July plea was improper or counsel ineffective) | Trial court found plea knowing and voluntary and denied motion as untimely | Motion untimely; trial court lacked jurisdiction to grant it; because court decided merits the Supreme Court vacated the denial and remanded with instruction to dismiss |
| Whether Brooks was entitled to appointed appellate counsel for these motions | Brooks sought counsel to pursue out‑of‑time appeal and appeal denial of motion to withdraw plea | State contends indigent appointment is limited to trial and direct appeal; untimely motion and out‑of‑time relief do not trigger appointment | Denied — no entitlement to counsel for out‑of‑time motion or untimely motion to withdraw plea |
| Proper remedy when trial court addresses merits of a motion it lacked jurisdiction to decide | Brooks implicitly urges appellate review of the merits and relief on his motion to withdraw | State argues procedural rules require dismissal of untimely motions and no merits relief | Court: when a court lacks jurisdiction it should dismiss rather than decide; vacated the merits denial and remanded for dismissal |
Key Cases Cited
- Beasley v. State, 298 Ga. 49 (res judicata bars relitigation of previously adjudicated post‑conviction relief)
- Lay v. State, 289 Ga. 210 (motion to withdraw guilty plea must be filed in same term as sentence; trial court lacks jurisdiction if untimely)
- Pierce v. State, 289 Ga. 893 (indigent defendant generally entitled to counsel for trial and direct appeal only)
- Murrell v. Young, 285 Ga. 182 (appointed counsel required to appeal denial of timely motion to withdraw guilty plea)
- Crowder v. State, 265 Ga. 719 (prior denial of ineffective‑assistance claim precludes later out‑of‑time appeal relief)