344 Ga.App. 248
Ga. Ct. App.2018Background
- Marion Hayes pleaded guilty (an Alford plea) to burglary, possession of tools for the commission of a crime, and misdemeanor obstruction; sentenced to concurrent terms totaling effectively 20 years with 7 to serve and the balance on probation.
- Years later, the trial court granted Hayes an out-of-time direct appeal after the State did not respond to his motion; Hayes proceeded pro se on appeal to this Court.
- This Court initially held the trial court improperly participated in the plea colloquy and reversed, but the Georgia Supreme Court reversed and remanded for consideration of Hayes’s remaining claims.
- On remand, Hayes asserted (1) his plea was not knowingly and voluntarily entered and (2) his purported waiver of counsel / decision to proceed pro se was invalid.
- The record shows an extensive plea colloquy addressing Hayes’s competency, understanding of charges, review of the plea form with counsel, factual basis, Boykin rights, sentencing exposure, and counsel’s participation during the hearing.
- The Court affirms Hayes’s convictions, concluding the plea was knowing and voluntary and that Hayes was represented by counsel (so no invalid pro se waiver claim).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hayes’s plea was knowing and voluntary | Hayes: plea was not knowingly entered; trial-court participation tainted the plea | State: record colloquy shows Hayes understood charges, rights, consequences; plea valid | Plea was knowing and voluntary; claim denied |
| Whether Hayes validly waived counsel / proceeded pro se | Hayes: forced to choose between counsel he didn’t want or proceeding pro se; no waiver on record | State: Hayes entered plea with counsel’s assistance; record shows counsel present and participating | No merit; Hayes was represented at plea; pro se-waiver claim fails |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (1970) (permits guilty plea while maintaining innocence under factual basis)
- Boykin v. Alabama, 395 U.S. 238 (1969) (defendant must be advised of privilege against self-incrimination, jury trial, and confrontation right)
- Hayes v. State, 337 Ga. App. 280 (2016) (Court of Appeals decision referenced in this litigation)
- State v. Hayes, 301 Ga. 342 (2017) (Georgia Supreme Court reversed the Court of Appeals and remanded)
- Caine v. State, 266 Ga. 421 (1996) (direct appeal is proper means to challenge a guilty plea when record can resolve the issue)