Henderson v. State
293 Ga. 6
| Ga. | 2013Background
- Henderson pled guilty to two murders and other offenses after his jury trial had begun.
- He appeals pro se, arguing the trial court denied his out-of-time appeal.
- The court reviews whether an out-of-time appeal is available when a guilty plea is involved and whether the plea record resolves the issues.
- Issue 1: Henderson was informed of his Boykin rights; the record shows an acknowledgment of rights signed by Henderson and trial court explanation of the rights.
- Issue 2: Henderson complained of trial court remarks after plea; remarks occurred in the trial court, not on appeal, and do not render the plea invalid.
- The court affirms the denial of the out-of-time appeal, finding the record would not merit a timely direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Henderson is entitled to an out-of-time appeal. | Henderson argues lack of advice on appeal entitles him to relief. | State contends right to direct appeal requires record-resolvable issues; plea issues can be decided on record. | Not entitled; Boykin rights were acknowledged and issues resolvable on record. |
| Whether the trial court's post-plea remarks violated rights or Rule 29. | Remarks were personal and improper, violating Rule 29 and due process. | Remarks were not directed at counsel or judges and do not affect the plea. | Remarks did not invalidate the plea or constitute grounds for reversal. |
Key Cases Cited
- McMullen v. State, 292 Ga. 355 (Ga. 2013) (out-of-time appeal for ineffective assistance of counsel analysis)
- Campos v. State, 292 Ga. 83 (Ga. 2012) (Boykin rights and voluntary guilty plea analysis)
- Green v. State, 291 Ga. 506 (Ga. 2012) (verification of Boykin rights and plea validity)
- Johnson v. State, 286 Ga. 432 (Ga. 2010) (direct appeal availability requires record-based issues)
- Brinkley v. State, 291 Ga. 195 (Ga. 2012) (Waiver of constitutional claims on appeal)