Hagan v. State
294 Ga. 716
Ga.2014Background
- Hagan pled guilty in 2010 to malice murder and attempted murder; sentence life with parole for murder and 30 years for the attempted murder.
- Plea form and plea colloquy informed and acknowledged Boykin rights and waiver by guilty plea.
- In 2011, Hagan filed a pro se motion to withdraw his plea, which was denied and later affirmed as untimely.
- In 2013, Hagan filed an out-of-time appeal and amended pleadings arguing plea counsel failed to file a timely direct appeal.
- The trial court denied the out-of-time appeal; the issue on review is whether relief is warranted under OCGA § 15-6-21 and related standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 15-6-21 requires granting an out-of-time appeal | Hagan | State | Not merited; remedy is mandamus or habeas; no mandatory grant |
| Whether the guilty plea was knowingly entered | Hagan | State | Record supports validity; issues cannot be decided on the record for direct appeal |
| Whether plea counsel's effectiveness in not timely appealing is proven | Hagan | State | No prejudice; no ineffective assistance shown |
Key Cases Cited
- Stephens v. State, 291 Ga. 837 (Ga. 2012) (out-of-time appeals depend on recordability and potential prejudice)
- Stewart v. State, 268 Ga. 886 (Ga. 1998) (plea-proof deficiencies not reflectable in plea record)
- Graham v. Cavender, 252 Ga. 123 (Ga. 1984) (remedy for judge's failure to rule is mandamus or impeachment)