Graham v. State
300 Ga. 620
Ga.2017Background
- Graham pled guilty to felony murder, armed robbery, and first-degree arson under a negotiated plea.
- Less than a month later, she moved to withdraw the guilty plea alleging attorney coercion; trial court denied.
- On appeal, the State bears the burden to show the plea was intelligent and voluntary either on the plea record or extrinsic evidence.
- At the plea hearing Graham stated she understood rights, faced no coercion, and entered the plea freely and voluntarily.
- During the withdrawal hearing, Graham claimed coercion by counsel; counsel testified he did not tell her she faced death if she rejected the plea.
- The trial court weighed credibility and concluded Graham was not credible; the court denied withdrawal, and the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was voluntary and properly entered | Graham argues coercion invalidated the plea | State contends plea was voluntary and informed | Plea found voluntary; no manifest abuse in denial of withdrawal |
| Whether withdrawal of a guilty plea after sentencing is permitted for manifest injustice | Graham asserts manifest injustice due to coercion | State asserts withdrawal requires manifest injustice or none shown | Post-sentencing withdrawal allowed only to correct manifest injustice; no manifest injustice shown |
| Role of trial court in credibility determinations at withdrawal hearing | Graham contends court erred in crediting her testimony over counsel | State contends credibility weighing was within trial court's discretion | Trial court properly weighed credibility; no abuse of discretion |
Key Cases Cited
- Cazanas v. State, 270 Ga. 130, 508 SE2d 412 (Ga. 1998) (burden on State to show plea was intelligent and voluntary)
- Loyd v. State, 288 Ga. 481, 705 SE2d 616 (Ga. 2011) (plea voluntary shown by plea record or extrinsic evidence)
- Maddox v. State, 278 Ga. 823, 607 SE2d 587 (Ga. 2005) (withdrawal before sentencing allowed for any reason; after sentencing for manifest injustice)
- State v. Evans, 265 Ga. 332, 454 SE2d 468 (Ga. 1995) (manifest injustice includes involuntary plea or lack of understanding)
- McGuyton v. State, 298 Ga. 351, 782 SE2d 21 (Ga. 2016) (withdrawal ruling is discretionary and reviewed for manifest abuse)
- Pike v. State, 245 Ga. App. 518, 538 SE2d 172 (Ga. App. 2000) (credibility determinations at withdrawal hearing)
- Bell v. State, 294 Ga. 5, 749 SE2d 672 (Ga. 2013) (plea advisement rights and voluntary entry principles)