Carey v. State
293 Ga. 624
Ga.2013Background
- Carey pled guilty under a negotiated plea to all counts in a 13-count Fulton County indictment charging malice murder and related offenses.
- Sentence: life imprisonment with the possibility of parole for murder, plus concurrent terms for other offenses; death sentence avoided.
- Carey obtained an out-of-time appeal and challenges the validity of her guilty plea as not knowingly, voluntarily, and intelligently entered.
- Guilty plea hearing transcript shows Carey admitted to killing her eight-year-old daughter in January 2004 in front of two other children, with the couple stripping and walking in subfreezing temperatures.
- The prosecutor presented the facts, the court enumerated the counts, and Carey stated she understood the charges and waived rights under Boykin/URCR 33.8; defense counsel stated competence and explored mental health defense.
- The trial court found a sufficient factual basis and concluded the plea was knowingly, voluntarily, and intelligently entered; appellate review affirmed on face of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea validity can be challenged on face of record | Carey argues plea was not knowingly intelligent voluntary. | State asserts record shows waiver of rights and understanding of charges. | Plea valid on face of record. |
| Whether mental illness compels incompetence invalidating plea | Carey contends documented mental illness invalidates plea. | State argues mental illness does not conclusively establish incompetency on record. | Record does not establish incompetency; outside evidence not required. |
| Whether Carey was fully apprised of nature/elements of charges | Carey maintained insufficient understanding. | Record reflects understanding of charges and rights. | Claim belied by hearing transcript; record shows understanding. |
| Whether lack of understanding of criminal intent invalidates the plea | Carey claims she did not understand criminal intent or malice murder. | State contends record does not require external evidence to resolve this. | Cannot entertain using non-record evidence; addressed only by face-of-record facts. |
Key Cases Cited
- Motley v. State, 273 Ga. 732 (Ga. 2001) (plea knowingly and voluntarily entered; rights waived on record)
- Caine v. State, 266 Ga. 421 (Ga. 1996) (direct appeal from guilty plea resolved by record on face)
- Morrow v. State, 266 Ga. 3 (Ga. 1995) (mental illness evidence does not conclusively establish incompetence; requires outside record)