Green v. State, 291 Ga. 506

Green, pro se, appeals from dismissal of an out-of-time appeal motion.
Appellant challenged his 1990 guilty plea to malice murder and alleged lack of indictment or involuntary waiver.
Plea hearing involved inquiry into voluntariness and waiver of rights; judge did not err under Boykin requirements.
Record shows a DeKalb County grand jury indicted Green on Jan 26, 1990 for malice murder and related offenses.
Appellant sought to attack the plea via an out-of-time appeal; trial court dismissed the motion.
Court affirms the dismissal, holding issues must be resolved by the record and ineffective-counsel claims require habeas corpus rather than out-of-time appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May an out-of-time appeal bar be granted for a guilty-plea judgment?	Green contends he was not properly indicted or informed.	State asserts Boykin-compliant record shows voluntariness and waiver.	No; plea voluntary and record supports denial of out-of-time appeal.
Can ineffective-assistance claims be reviewed in an out-of-time appeal?	Ineffective assistance could render plea voidable.	Such claims require post-plea evidentiary hearing/habeas, not out-of-time appeal.	Not subject to out-of-time appeal; must pursue via habeas corpus.

Brown v. State, 290 Ga. 321 (1) 720 SE2d 617 (Ga. 2012) (defendant may appeal only on record-based issues from guilty-plea judgment)
Loyd v. State, 288 Ga. 481 (2) 705 SE2d 616 (Ga. 2011) (Boykin-like inquiry to show voluntariness of plea)
State v. Germany, 245 Ga. 326 328 265 SE2d 13 (Ga. 1980) (Boykin requirements satisfied when on-record rights waiver is clear)
Marion v. State, 287 Ga. 134 (2) 695 SE2d 199 (Ga. 2010) (out-of-time appeal not available on grounds unresolved by record)
Gibson v. State, 290 Ga. 516 (2) 722 SE2d 741 (Ga. 2012) (ineffective-assistance claims require habeas, not out-of-time appeal)
Grantham v. State, 267 Ga. 635 481 SE2d 219 (Ga. 1997) (out-of-time appeal tied to whether direct appeal available on record)