Davis v. State
310 Ga. 547
Ga.2020Background
- In October 1997, Detrik Lamon Davis pleaded guilty (with counsel) to felony murder, aggravated assault (merged), and attempted feticide in the death of his 13‑year‑old stepsister; he was sentenced to life (felony murder) and 10 years concurrent for attempted feticide. No appeal was taken at that time.
- In November 2019 Davis filed a pro se motion for an out‑of‑time appeal, later asserting counsel’s ineffective assistance deprived him of his right to appeal and asking the court to appoint counsel to assist with the motion.
- At an evidentiary hearing, trial counsel testified he investigated defenses, obtained evaluations, engaged in plea negotiations, explained the plea and rights, and understood Davis wanted to plead guilty to avoid a harsher disposition; counsel did not discuss appealing a plea conviction because Davis showed no interest in appeal.
- Davis testified he accepted the plea because he wanted the negotiated sentence and later filed the out‑of‑time motion after another inmate suggested it; he could not identify specific errors counsel committed or specific grounds he would have appealed.
- The superior court found counsel failed to consult about appeal rights but that the failure was not objectively unreasonable and Davis failed to show prejudice or a reasonable probability he would have appealed; the court denied the out‑of‑time appeal motion.
- The Georgia Supreme Court affirmed: Davis was not entitled to appointed counsel for the motion and he failed to carry his burden to show ineffective assistance that cost him an appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to appointed counsel for a motion for an out‑of‑time appeal | Davis: entitled to counsel to assist in seeking out‑of‑time appeal | State: no statutory or constitutional right to appointed counsel for such a motion | Held: no right to appointed counsel; motion not part of first appeal of right (Pierce) |
| Whether counsel’s failure to consult about appeal rights after a guilty plea constituted ineffective assistance | Davis: counsel failed to advise/consult, so he was deprived of an appeal he would have pursued | State: counsel reasonably concluded Davis wanted to plead; plea reduced appealable issues; no indication Davis wanted to appeal | Held: trial court did not abuse discretion; even if counsel erred, Davis failed to show a reasonable probability he would have appealed (Strickland/Collier) |
| Whether the appeal / procedural posture was properly treated and Davis’s dismissal request for remand | Davis: asked Court to remand to appoint counsel and permit pursuit of claims | State: notice filed timely from denial; appeal properly challenges denial; remand request unnecessary | Held: appeal considered a challenge to the denial; Davis’s separate dismissal/remand request denied as moot |
Key Cases Cited
- Pierce v. State, 289 Ga. 893 (2011) (no entitlement to appointed counsel for a motion for an out‑of‑time appeal)
- Collier v. State, 307 Ga. 363 (2019) (out‑of‑time appeal claim governed by Strickland; must show counsel’s deficient performance deprived defendant of an appeal)
- Roe v. Flores‑Ortega, 528 U.S. 470 (2000) (counsel has duty to consult about appeal when a rational defendant would want to appeal or defendant indicates interest; totality of circumstances rule)
- Jones v. State, 308 Ga. 337 (2020) (denial of motion for out‑of‑time appeal reviewed for abuse of discretion)
- Moore v. State, 308 Ga. 312 (2020) (application of Strickland standard and prejudice inquiry for lost appeals)
- Fields v. United States, 577 Fed. Appx. 916 (11th Cir. 2014) (persuasive authority that counsel had no duty to consult where defendant pleaded guilty and received the sentence sought)