Foster v. State
294 Ga. 400
| Ga. | 2014Background
- Foster pled guilty in Clayton County Superior Court on September 30, 1994 to felony murder, possession of a firearm during a crime, and concealing the death of another, with life, five years, and twelve months sentences respectively, all to be served concurrently.
- Prior to plea entry, Foster’s attorney filed a special plea of incompetency to stand trial and a motion for transfer to the Department of Human Resources; a mental evaluation found him competent and not suffering a mental disorder at the time of the crimes.
- On July 1, 1994, the court conducted a mental evaluation and determined Foster was competent to stand trial and understood the rights being waived.
- Nearly 19 years later, on April 16, 2013, Foster, pro se, filed an Out of Time Motion to Withdraw Guilty Plea in the Clayton County Superior Court, alleging lack of private mental evaluation and various rights violations.
- The superior court dismissed Foster’s motion on April 18, 2013, holding the petition improper under Georgia law and not reachable as a habeas corpus petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to withdraw guilty plea can be treated as a petition to vacate judgments | Foster argued for withdrawal as a right due to void sentences and procedural deficiencies. | State contends such a motion is not an appropriate post-judgment remedy for vacating judgments. | Not an appropriate post-judgment remedy. |
| Whether the sentences were void or subject to modification | Foster claimed sentences were void because of rights and competency issues. | State asserts no evidence shows the sentences were void or illegal. | No basis shown to declare sentences void. |
| Whether the motion to withdraw was timely within the same term of court | Foster sought withdrawal long after the sentencing term. | State argues timely withdrawal must occur within the same term of court as sentencing. | Motion filed outside the term; remedy limited to habeas corpus. |
| Whether the motion could be treated as habeas corpus given its improper party/venue | Foster framed issues as post-conviction relief from his conviction. | Habeas corpus not proper when filed against the State in the county of conviction and not against the warden in custody. | Not proper habeas corpus; must be dismissed. |
Key Cases Cited
- Harper v. State, 286 Ga. 216 (Ga. 2009) (vacatur petitions not proper post-conviction remedy)
- Rooney v. State, 287 Ga. 1 (Ga. 2010) (sentence validity requirements; void sentences not shown)
- Lay v. State, 289 Ga. 210 (Ga. 2011) (timeliness of motions to withdraw guilty pleas)
- Harris v. State, 278 Ga. 805 (Ga. 2004) (habeas corpus viability for post-conviction relief against State)
- Downs v. State, 270 Ga. 310 (Ga. 1998) (habeas corpus remedies and procedural posture)