Hall v. State
313 Ga. App. 670
Ga. Ct. App.2012Background
- Hall pleaded guilty to burglary on January 27, 2010.
- Trial court sentenced Hall to 20 years with 15 to serve.
- Hall filed a pro se motion to withdraw his guilty plea on February 26, 2010.
- New counsel amended the motion; hearing conducted; motion denied.
- Court held it lacked jurisdiction to consider the motion because filed after the term of court ended February 5, 2010; remedy via habeas corpus suggested.
- Hall alleged plea counsel rendered ineffective assistance by failing to advise on possible sentence duration given parole ineligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court lack jurisdiction to hear the motion to withdraw the plea? | Hall | Hall | Yes; filed beyond the term of court, depriving jurisdiction. |
| Was plea counsel ineffective for not advising about parole-ineligibility consequences on sentencing? | Hall | Hall | No; parole eligibility is collateral; counsel not required to inform. |
Key Cases Cited
- Rice v. State, 277 Ga. 649 (2004) (parole ineligibility not a constitutional requirement for guilty plea validity)
- Williams v. State, 301 Ga.App. 849 (2010) (trial court lacks jurisdiction over post-plea withdrawal beyond term)
- Maples v. State, 293 Ga.App. 232 (2008) (withdrawal beyond term of court procedures)
- Earley v. State, 310 Ga.App. 110 (2011) (courts apply Strickland standard for ineffective assistance)
- Murray v. State, 307 Ga.App. 621 (2011) (strong presumption of reasonable counsel performance; Strickland applied)
- Williams v. Duffy, 270 Ga. 580 (1999) (collateral consequences need not be advised for validity of plea)
- Rios v. State, 281 Ga. 181 (2006) (Strickland test elements for guilty-plea ineffectiveness)