Coulter v. State
295 Ga. 699
Ga.2014Background
- Dustin James Coulter was indicted in Bulloch County for two counts each of malice murder, armed robbery, and possession of a knife in connection with two fatal stabbings; the State sought the death penalty but prosecution proceeded under the Unified Appeal Procedure.
- After jury empanelment, Coulter entered negotiated guilty pleas on November 7, 2008 to two counts of malice murder and received concurrent life sentences; remaining counts were nol prossed.
- Coulter filed a pro se motion to withdraw his guilty pleas in 2012, which the trial court dismissed for lack of jurisdiction as untimely.
- In December 2013 Coulter filed a pro se motion for an out-of-time direct appeal, alleging ineffective assistance of plea counsel for failing to advise him of his right to appeal and claiming his pleas were not knowing and voluntary because the record is silent on venue and incomplete as to Boykin advisements.
- The trial court denied the out-of-time appeal motion; Coulter appealed and the Supreme Court of Georgia reviewed whether his asserted issues could be resolved on the existing record and whether counsel’s failure (if any) was prejudicial under Strickland.
Issues
| Issue | Coulter's Argument | State's Argument | Held |
|---|---|---|---|
| Entitlement to an out-of-time appeal | Counsel was ineffective for not advising him of his right to a direct appeal, so he should get an out-of-time appeal | Out-of-time appeals require that the underlying issue be resolvable on the existing record and that counsel’s failure was prejudicial; here the record disposes of Coulter’s claims | Denied — no out-of-time appeal because the asserted appellate claims fail on the record, so no Strickland prejudice shown |
| Venue defect | Plea was not knowing/voluntary because record is silent as to venue; venue must be proven at trial | Indictment alleges crimes occurred "in the county aforesaid" (Bulloch); by pleading guilty Coulter admitted elements and waived venue defense | Rejected — indictment and plea waive venue; claim fails on the record |
| Boykin advisements (rights waived by plea) | Plea court failed to advise him of confrontation, compulsory process, and privilege against self-incrimination | Plea transcript shows court and counsel advised Coulter of Boykin rights and Coulter affirmed understanding; Boykin does not require magic words | Rejected — record shows adequate advisement; claim fails on the record |
| Ineffective assistance for failing to advise right to appeal | Counsel’s silence about appeal deprived him of his first appeal of right | Even if counsel failed to advise, Coulter cannot show prejudice because the substantive appellate claims (venue, Boykin) would have failed | Rejected — no prejudice shown under Strickland; denial of out-of-time appeal proper |
Key Cases Cited
- Stephens v. State, 291 Ga. 837 (2012) (framework for out-of-time appeals and relation to record-based claims)
- Wright v. Hall, 281 Ga. 318 (2006) (guilty plea waives venue when defendant admits allegations of indictment)
- Burns v. State, 291 Ga. 547 (2012) (Boykin advisement need not use "magic words" if record shows defendant understood rights)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part standard for ineffective assistance of counsel)
- Boykin v. Alabama, 395 U.S. 238 (1969) (constitutional delegation on voluntariness of guilty pleas)