Gibson v. State
290 Ga. 516
| Ga. | 2012Background
- In 1984, appellant pled guilty to murder in a negotiated plea that removed death-penalty pursuit and nolle prosequi’d a second count for cocaine.
- In 2011, Gibson filed an out-of-time appeal which the trial court denied.
- Gibson asserted pleas were involuntary, and ineffective assistance, plus several challenges to indictment, jurisdiction, venue, death-penalty notice, competency exam, and arrest procedures.
- The plea hearing established Boykin rights were explained and knowingly waived; Gibson admitted guilt to the indicted facts.
- The indictment charged murder, stated it occurred in Crisp County, and timeliness of death-penalty notice was supported by evidence in the record.
- The court found the challenged grounds resolved against Gibson by the record and affirmed denial of the out-of-time appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the out-of-time appeal denial rests on record-based resolution | Gibson argues grounds require review | Record shows plea knowing and valid | Affirmed; record resolves grounds against Gibson |
| Whether plea was voluntary and rights properly advised | Plea involuntary due to counsel | Boykin rights explained; voluntary plea | Plea knowingly, voluntarily entered; no reversible error |
| Whether indictment, venue, and death-penalty notice were defective | Indictment/venue/notice defective | Indictment and venue proper; notice timely | Not entitled to relief on these grounds; resolved against Gibson |
| Whether ineffective assistance and competency issues require post-plea hearing | Issues require evidentiary hearing | Some issues require habeas corpus, not out-of-time appeal | Ineffective assistance requires post-plea hearing; not reviewable on out-of-time appeal |
Key Cases Cited
- Upperman v. State, 288 Ga. 447 (2011) (record supports denial when issues resolved against appellant)
- Moore v. State, 285 Ga. 855 (2009) (pre-1985 voluntariness criteria via Boykin governs)
- Addison v. State, 239 Ga. 622 (1977) (once guilty plea entered, pre-plea constitutional claims barred)
- Strickland v. State, 247 Ga. 219 (1981) (timeliness of death notice; standard of review)
- Marion v. State, 287 Ga. 134 (2010) (ineffective-assistance issues may require habeas corpus)
- Hodges v. State, 271 Ga. 466 (1999) (ineffective assistance not resolved on-out-of-time appeal; needs fuller record)
- Boykin v. Alabama, 395 U.S. 238 (1969) (confirms validity of waiver of rights in guilty plea)