Gooden v. State, 350 Ga. 835

Gooden was indicted for felony murder and related offenses after an October 2016 shooting; she pled guilty on May 30, 2017, pursuant to a negotiated plea and was sentenced.
After sentencing, new counsel Lawrence Daniel (outside conflict counsel) filed a motion (June 16, 2017) to withdraw Gooden’s guilty plea, alleging potentially that the plea was not knowing/voluntary or that trial (plea) counsel Monica Myles provided ineffective assistance.
The motion was skeletal; Daniel later asked for a continuance because of inconsistent communications from Gooden about whether she wished to pursue withdrawal and because of alleged mental-health issues Gooden had while jailed. The court denied the continuance and held the hearing October 10, 2017.
At the hearing Daniel presented no witnesses or evidence and argued Myles should have sought a psychiatric evaluation before the plea; the State contended the plea was knowing and voluntary and that Gooden had been malingering.
The trial court denied the motion to withdraw the plea, finding Gooden had ample time to cooperate with counsel, that her plea was knowingly and voluntarily entered (Boykin advisement and factual basis present), and that there was no showing of deficient performance by Myles.
Gooden appealed, arguing she was entitled to a remand for an evidentiary hearing on ineffective assistance of plea counsel because she had not had a meaningful opportunity to develop that claim below.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate counsel is entitled to a remand for an evidentiary hearing on ineffective assistance of plea counsel when the claim was raised in a motion to withdraw the guilty plea but not developed with evidence at the hearing	Gooden: She lacked a "meaningful opportunity" to develop the ineffective-assistance claim below and thus the case should be remanded for an evidentiary hearing (relying on Johnson)	State: The claim was raised below by successor counsel, the trial court adjudicated it, and Gooden had the opportunity to present evidence but did not; no remand is required	Court: Denied remand. Because the ineffective-assistance claim was raised and adjudicated in the trial court (motion to withdraw), appellant is not entitled to a remand for further hearing absent showing no opportunity below; here Gooden had opportunity but failed to present evidence or argument

Rivers v. State, 250 Ga. 303 (1982) (defendant’s delay in cooperating with counsel may preclude later complaint about lack of opportunity to develop a claim)
Johnson v. State, 259 Ga. 428 (1989) (remand for hearing may be appropriate where ineffectiveness is first raised on appeal by new counsel)
Owens v. State, 263 Ga. 99 (1993) (discussing circumstances when remand may be appropriate for ineffectiveness claims raised first on appeal)
Terrell v. State, 300 Ga. 81 (2016) (when claim was raised and adjudicated below, appellant is not entitled to remand for further consideration)
Patel v. State, 279 Ga. 750 (2005) (appellant must present argument in support of ineffectiveness claim)
Dawson v. State, 302 Ga. App. 842 (2010) (same procedural standard applies to motions to withdraw guilty pleas)
Davis v. State, 301 Ga. 658 (2017) (where same counsel represented defendant at plea and withdrawal motion, defendant could not have raised ineffective-assistance claim at that time)
Boykin v. Alabama, 395 U.S. 238 (1969) (requirements for a valid guilty plea)