Henderson v. State
295 Ga. 333
| Ga. | 2014Background
- Henderson pled guilty in May 2000 to two murders and numerous other crimes.
- He later sought an out-of-time appeal in June 2012; the trial court denied, and this Court affirmed in 2013.
- In August 2013, Henderson moved to withdraw his guilty plea and to recuse the trial judge; the trial court denied both motions.
- Henderson’s recusal motion argued the judge pressured him to plead guilty and made prejudicial remarks at sentencing; it also asserted bias from the judge’s involvement in plea negotiations.
- The State opposed the motions; issues concerned timeliness, threshold requirements under USCR 25.1–25.3, and the effect of the term-of-court expiration on the motion to withdraw.
- This Court affirmed the trial court in both cases, holding no error in the denial of the recusal motion and lack of jurisdiction to entertain the motion to withdraw after the term of court expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the recusal motion satisfied threshold requirements | Henderson contends grounds show disqualifying bias and untimeliness. | State argues grounds were untimely and not legally sufficient to require recusal. | Threshold requirements not met; no reversal. |
| Whether the motion to withdraw plea was timely and properly denied | Ineffective assistance and manifest injustice justify withdrawal. | Term of court expired; trial court lacked jurisdiction to entertain withdrawal motion. | Untimely withdrawal denied; no jurisdiction after term expiration. |
| Whether handwritten orders without formal caption harmed validity | Orders failed to meet USCR 36 caption and party/case identification requirements. | No harm; notices were received and timely appeals filed. | No reversible harm; orders upheld. |
Key Cases Cited
- Mayor & Aldermen of Savannah v. Batson-Cook Co., 291 Ga. 114 (2012) (threshold issues for recusal reviewed de novo)
- Patel v. State, 289 Ga. 479 (2011) (bias must stem from extrajudicial source)
- Hill v. State, 291 Ga. 160 (2012) (presumption of proper handling absent showing otherwise)
- McKiernan v. State, 286 Ga. 756 (2010) (right to file timely motion to withdraw plea)
- McDaniel v. State, 271 Ga. 552 (1999) (trial court's active participation in plea negations renders plea involuntary)
- Rubiani v. State, 279 Ga. 299 (2005) (term-of-court expiration bars withdrawal motion)