Kennedy v. State, 319 Ga. App. 498

Kennedy pled guilty to marijuana offenses and related charges.
He timely filed a pro se direct appeal from judgment and sentence.
State moved to dismiss appeal for lack of withdrawn-plea or habeas petition.
Court held direct appeal may lie if record facts resolve the issue.
Claims: (1) Fourth Amendment stop/search; (2) ineffective assistance of counsel; (3) due process coercion.
Court denied motion to dismiss and affirmed judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Fourth Amendment claims are appealable.	Kennedy argues stop/search violation in record.	Appeal allowed only if record resolves issue and plea exists.	Waived due to guilty plea; not reviewable on direct appeal.
Whether ineffective-assistance claims can be reviewed on direct appeal.	Ineffectiveness alleged; record incomplete.	Need evidentiary hearing/withdrawal motion to develop record.	Remedy is withdrawal motion or habeas; not reviewable on record alone.
Whether due-process claim of coercion is reviewable on direct appeal.	Plea coerced by court pressure.	Transcript shows no coercion; no post-plea testing occurred.	No coercion shown; cannot determine without withdrawal/post-plea testing.

Smith v. State, 253 Ga. 169 (1984) (direct-appeal right not unqualified; records may resolve)
Smith v. State, 266 Ga. 687 (1996) (emphasizes admissibility of direct appeal from guilty plea)
Caine v. State, 266 Ga. 421 (1996) (appeal must be resolved by record on appeal)
Tyner v. State, 289 Ga. 592 (2011) (recorded procedures for appeals from guilty pleas)
Burns v. State, 291 Ga. 547 (2012) (plea waiver of pre-plea rights after guilty plea)
Lamb v. State, 282 Ga. App. 756 (2006) (remedy for ineffectiveness is withdrawal/habeas; record limits)
Brown v. State, 290 Ga. 321 (2012) (ineffectiveness not decided on record; habeas remedy)
Smith v. State, 287 Ga. 391 (2010) (encourages withdrawal motion to expand record)