Clark v. State, 310 Ga. 489

July 2012: A Polk County grand jury indicted Eddie Clark and Cadedra Cook on malice murder, felony murder (predicated on aggravated assault), armed robbery, aggravated assault, and obstruction of a law enforcement officer.
February 2014: Clark entered a non-negotiated guilty plea to all counts except malice murder; he was sentenced to life for felony murder, a consecutive 20-year term for armed robbery, and a concurrent 12-month term for obstruction; aggravated assault merged.
Clark did not file a timely direct appeal.
September 2018: Clark filed a pro se motion for an out-of-time appeal, alleging plea counsel was constitutionally ineffective (including that counsel never discussed an appeal and failed to investigate or explain charges).
The trial court summarily denied the motion without an evidentiary hearing; Clark appealed that denial to the Georgia Supreme Court.
Holding: The Supreme Court vacated the trial court's order and remanded for an evidentiary hearing because a defendant alleging counsel’s deficient performance deprived him of an appeal is entitled to a hearing; the Court also noted it lacks jurisdiction to adjudicate collateral challenges to the conviction until an out-of-time appeal is granted.

Issue	Clark's Argument	State's Argument	Held
Whether the trial court abused its discretion by denying Clark's motion for an out-of-time appeal without a hearing	Clark: plea counsel was constitutionally ineffective and that deficiency caused him to lose his right to appeal	State: (in this case) conceded that remand for a hearing was appropriate under the circumstances	Court vacated and remanded for an evidentiary hearing to determine whether counsel's deficient performance caused the loss of a timely appeal
Whether the Supreme Court may review Clark's substantive challenges to his guilty plea now	Clark: argued his guilty plea was not voluntary and counsel rendered ineffective assistance	State: no out-of-time appeal has been granted, so appellate courts lack jurisdiction to review those collateral claims now	Court stated it lacks jurisdiction to consider those conviction/challenge claims until an out-of-time appeal is granted
Standard for determining entitlement to an out-of-time appeal based on counsel's performance	Clark: entitlement is governed by the Strickland two-prong ineffective-assistance test and he meets it	State: accepted applicable standard (and conceded remand here)	Court reaffirmed Strickland standard applies; where defendant alleges counsel's deficient performance deprived him of an appeal, the trial court must hold an evidentiary hearing

Cody v. State, 277 Ga. 553 (2004) (procedural rule on filing notice after grant of out-of-time appeal)
Burley v. State, 308 Ga. 650 (2020) (review of denial of out-of-time appeal is for abuse of discretion)
Collier v. State, 307 Ga. 363 (2019) (an out-of-time appeal is available when counsel's deficient performance deprived a defendant of an appeal; explains Strickland application)
Ringold v. State, 304 Ga. 875 (2019) (recognizes entitlement to appeal when counsel's deficient performance deprived defendant of appellate proceeding)
Rutledge v. State, 309 Ga. 508 (2020) (trial court must hold an evidentiary hearing on claims that counsel's ineffectiveness caused loss of an appeal)
Roe v. Flores-Ortega, 528 U.S. 470 (2000) (federal precedent that counsel's deficient performance in failing to file a requested appeal can entitle a defendant to relief)
Strickland v. Washington, 466 U.S. 668 (1984) (establishes the two-prong ineffective assistance of counsel test)