Merilien v. State
321 Ga. App. 727
Ga. Ct. App.2013Background
- Merilien pled guilty to possession of a firearm by a convicted felon on January 31, 2000; probation two years and a $1,000 fine were imposed.
- On December 2, 2011, Merilien moved to withdraw his guilty plea, alleging an invalid plea and ineffective assistance of counsel.
- The trial court dismissed, finding no jurisdiction to hear a motion to withdraw since it was not within the same term as the judgment and could not be a habeas petition due to timeliness.
- On appeal, Merilien argued the trial court erred by not reaching the merits of his claims and by dismissing improperly.
- The appellate court affirmed, holding that (a) motions to withdraw must be filed in the same term; (b) after the term expires, habeas corpus is the remedy; (c) the motion was untimely whether labeled as a withdrawal or habeas; and (d) out-of-time appeals based on ineffective assistance require issues resolvable on the record, which they were not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to hear withdrawal motion | Merilien asserts trial court erred by dismissing without considering merits. | State contends motion lacked jurisdiction due to untimely filing and term-in-concern. | Motion to withdraw plea lacks jurisdiction unless filed in same term. |
| Habeas corpus as alternative remedy | Merilien contends merits should be examined if petition treated as habeas. | State says timely habeas relief is required and not pursued here. | Untimely habeas petition; remedy barred. |
| Out-of-time appeal for ineffective assistance | Out-of-time appeal could address ineffective assistance claims. | Review limited; such claims require on-record facts or habeas. | Known limitations; no viable out-of-time appeal. |
| Timeliness of habeas-like claims | Petition should be timely despite the long interval. | OCGA deadlines fixed; untimely under 9-14-42(c)(1). | Untimely under statute; relief denied. |
Key Cases Cited
- Matthews v. State, 295 Ga. App. 752 (2009) (motion to withdraw plea must be in same term; lack of jurisdiction otherwise)
- LaFette v. State, 285 Ga. App. 516 (2007) (after term, remedy via habeas corpus)
- Dennis v. State, 292 Ga. 303 (2013) (denial of out-of-time appeal reviewed for abuse of discretion)
- Green v. State, 291 Ga. 506 (2012) (ineffectiveness claims not resolved on record; need habeas)
- Gibson v. State, 290 Ga. 516 (2012) (ineffectiveness claims require post-plea evidentiary hearing)