Crowder v. State
288 Ga. 739
| Ga. | 2011Background
- Crowder shot his estranged wife on January 16, 2008 and was indicted on 17 counts including malice murder and burglary.
- Before jury selection, Crowder pled guilty to one count of malice murder and one count of possession of a firearm; other counts were nolled; sentence was life imprisonment plus five years.
- Crowder moved to withdraw the plea alleging ineffective assistance of counsel for misinforming him about parole eligibility under OCGA § 17-10-6.1(c)(1).
- Trial court denied the motion, finding no deficient performance or prejudice.
- Georgia law at the time required 30 years before parole eligibility for a first serious violent felony with a life sentence; counsel allegedly stated Crowder would serve around 20 years.
- The Court vacated judgment and remanded for a prejudice inquiry, remanding to determine whether, with correct information, Crowder would have stood trial instead of pleading guilty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel deficient for misinforming about parole? | Crowder | Crowder's counsel did not misstate law | Yes; counsel deficient |
| Was there prejudice from the misrepresentation of parole eligibility? | Crowder would have demanded trial | No prejudice established | Remanded for prejudice determination |
| Did the trial court err in credibility-based prejudice ruling? | Trial court misweighed credibility | Credibility supported no prejudice | Remand to assess prejudice and credibility under OCGA § 17-10-6.1(c) |
Key Cases Cited
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (parole info not required for voluntariness; prejudice inquiry when misrepresentation)
- Smith v. Williams, 277 Ga. 778, 596 S.E.2d 112 (Ga. 2004) (ineffective assistance when counsel misstates collateral consequences)
- Rollins v. State, 277 Ga. 488, 591 S.E.2d 796 (Ga. 2004) (defendant must show deficient conduct and reasonable probability of trial relief)
- State v. Heath, 277 Ga. 337, 588 S.E.2d 738 (Ga. 2003) (parole eligibility as a collateral consequence of plea)
- Johnson v. Roberts, 287 Ga. 112, 694 S.E.2d 661 (Ga. 2010) (remand for prejudice analysis when counsel misinformed about parole eligibility)