Jones v. State, 308 Ga. 337

In November 2013 Tracy Jones pleaded guilty to malice murder and related offenses arising from an October 2012 death; the trial court sentenced her to life without parole plus concurrent sentences for other counts.
Jones did not file a direct appeal within the 30-day period following sentencing.
On June 13, 2019, Jones filed a pro se motion for an out-of-time appeal, alleging that plea counsel abandoned her immediately after sentencing and during the 30-day appeal window and the term in which she could withdraw her plea.
The trial court denied the motion on July 9, 2019, reasoning Jones had not alleged that ineffective assistance of counsel caused her failure to file a timely appeal.
The Georgia Supreme Court reviewed whether Jones’ pro se allegations sufficiently pleaded counsel’s ineffectiveness (abandonment) as an excuse of constitutional magnitude for failing to file a timely direct appeal.
The Court concluded Jones’ pro se motion did allege abandonment that, if proven, would show counsel’s deficient performance in depriving her of a timely appeal; it vacated the denial and remanded for a hearing on whether counsel in fact frustrated her right to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jones’ pro se motion sufficiently alleged counsel’s ineffective assistance (abandonment) as cause for failing to file a timely direct appeal	Jones: counsel abandoned her immediately after sentencing and during the 30-day appeal period and term, preventing her from filing a timely appeal	State/Trial Ct: Jones did not allege ineffective assistance as the cause of her failure to appeal, so she is not entitled to an out-of-time appeal	Court: Reading pro se motion liberally, Jones alleged counsel’s abandonment; allegations suffice to require a factual hearing on whether counsel frustrated her right to appeal
Whether the trial court abused its discretion by denying relief without making a factual inquiry into counsel’s responsibility for the missed appeal	Jones: where ineffective assistance is alleged, the court must determine whether counsel was responsible for failure to pursue appeal	State/Trial Ct: denied because pleading was insufficient; court did not conduct an inquiry	Court: trial court abused its discretion by failing to conduct the required factual inquiry; vacated and remanded for hearing

Collier v. State, 307 Ga. 363 (2019) (when a defendant alleges counsel’s ineffectiveness deprived the right to appeal, trial court must determine whether counsel was responsible)
Dos Santos v. State, 307 Ga. 151 (2019) (defense counsel’s duties extend at least 30 days after entry of judgment and through the term in which a guilty plea may be withdrawn)
McCarthy v. State, 301 Ga. 803 (2017) (standard of review: denial of out-of-time appeal reviewed for abuse of discretion)
Bailey v. State, 306 Ga. 364 (2019) (defendant seeking out-of-time appeal must allege and prove an excuse of constitutional magnitude for failing to file a timely direct appeal)