Murray v. State
307 Ga. App. 621
| Ga. Ct. App. | 2011Background
- In 1999 Murray pleaded guilty to two armed-robbery counts and two aggravated-assault counts; he also pleaded guilty to an Emanuel County robbery.
- He later moved pro se to withdraw the guilty plea to the Toombs County armed-robbery and aggravated-assault counts, claiming ineffective assistance of counsel.
- The trial court did not rule until 2006 on several motions; Murray was allowed to proceed pro se and seek reconsideration of prior denials.
- The court ultimately held hearings, denied the motions to withdraw the pleas, and Murray appealed, challenging counsel’s effectiveness.
- The court vacated the aggravated-assault sentences and remanded for resentencing after concluding merger issues and other defects.
- The Emanuel County plea issue was deemed outside the trial court’s jurisdiction for withdrawal after the original sentencing period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea counsel’s performance was deficient for failing to suppress a post-arrest statement | Murray claims counsel failed to suppress a statement | Counsel did not know of the statement; no record supported it | No ineffective assistance; trial court credibility supported denial |
| Whether plea counsel failed to challenge arrest warrants’ legality | Warrants lacked probable cause in affidavits | Affidavits satisfied OCGA 17-4-41(a) and supported probable cause | Warrants valid; no prejudice from counsel’s alleged deficiency |
| Whether aggravated-assault and armed-robbery convictions should merge | Aggravated assault is a lesser-included offense to armed robbery | Offenses not requiring different facts; merger not warranted | Vacate aggravated-assault convictions and sentences; remand for resentencing |
| Whether plea counsel deficient in investigating Emanuel County charge | Counsel failed to scrutinize Emanuel County charge | Timeliness: withdrawal was not available for Emanuel County plea | Withdrawal of Emanuel County plea unavailable; habeas corpus may be needed |
Key Cases Cited
- Pitts v. State, 209 Ga.App. 47, 432 S.E.2d 643 (1993) (probable cause not limited to affidavits; independent magistrate judgment permissible)
- Devier v. State, 253 Ga. 604, 323 S.E.2d 150 (1984) (probable cause standard for warrants; independent judgment)
- Long v. State, 287 Ga.886, 700 S.E.2d 399 (2010) (merger principles; aggrav. assault may merge with armed robbery)
- Drinkard v. Walker, 281 Ga. 211, 636 S.E.2d 530 (2006) (required evidence test for lesser-included offenses)
- Dunn v. State, 234 Ga.App. 623, 507 S.E.2d 170 (1998) (trial court may resolve credibility when conflicting testimony)