Phelps v. State
293 Ga. 873
| Ga. | 2013Background
- Phelps was indicted (12 counts) for felony murder, multiple aggravated assaults, and firearm possession arising from a shooting that killed Christopher Sloan and injured others. He was charged individually and as a party to the crimes.
- On May 10–11, 2010, Phelps pleaded guilty to felony murder (indictment Count 1) and to aggravated assault of Leon Thomas under a separate accusation; remaining counts were nol prossed. The court sentenced him to life for felony murder and 20 years concurrent for aggravated assault.
- Phelps filed motions (June 2010) to withdraw his guilty pleas; the trial court denied the motions after a May 12, 2011 hearing and entered separate denial orders on September 1, 2011. He appealed; appeal consolidated in this Court.
- Phelps argued (1) no factual basis for the pleas, (2) pleas were not knowing and voluntary (inadequate advisement of rights; sentencing consequences; competency), (3) ineffective assistance of counsel, and (4) defective waiver/formalities for the separate accusation (OCGA § 17-7-70).
- The plea transcript included the State’s factual recitation, Phelps’s own statements (admitting being a party and describing events), a signed questionnaire reviewed on the record, and a forensic psychologist’s report finding Phelps competent despite mild intellectual disability.
- The trial court relied on the plea colloquy, the signed questionnaire, counsel’s testimony, and the competency report; it concluded withdrawal was not required to correct a manifest injustice and denied relief. The appellate court affirmed.
Issues
| Issue | Phelps’s Argument | State/Trial Court Argument | Held |
|---|---|---|---|
| Whether the court ensured a factual basis for the guilty pleas (USCR 33.9) | No factual basis because his role differed (claimed another shot) and the court didn’t adequately probe | Plea colloquy and prosecutor’s recitation plus defendant’s admissions and counsel’s statement provided ample factual basis | Affirmed: factual basis satisfied on the record |
| Whether pleas were knowing and voluntary (advisement of rights) | Court failed to say rights applied “at trial”; questionnaire had a blank answer field; wording imprecise ("assist" vs "represent") | No magic words required; court advised rights in context of jury trial; questionnaire and counsel’s certificate corroborate understanding | Affirmed: plea knowing and voluntary |
| Whether Phelps was competent to plead | He lacked mental competence due to mild mental retardation | Forensic psychologist found competency; no contrary evidence presented | Affirmed: competent to plead |
| Ineffective assistance of counsel re: plea advice and consequences | Counsel failed to advise properly re: rights, sentencing, and party vs principal distinction | Counsel reviewed rights, discussed sentencing/parole, completed questionnaire; trial court found no reasonable probability Phelps would have gone to trial | Affirmed: no ineffective assistance shown |
| Validity of guilty plea to aggravated assault on separate accusation (OCGA § 17-7-70) | Waiver/formalities defective (did not waive indictment in signature language) | Guilty plea waives known and unknown defenses including any deficiency in written waiver; accusation permissible here | Affirmed: plea waiver cured any claimed defect |
Key Cases Cited
- State v. Evans, 265 Ga. 332 (court must satisfy itself there is a factual basis for plea)
- Loyd v. State, 288 Ga. 481 (record may be used to show plea was knowing and voluntary)
- Boykin v. Alabama, 395 U.S. 238 (guilty plea must be voluntary and intelligent)
- Wright v. State, 292 Ga. 825 (motion to withdraw plea after sentencing reviewed for manifest injustice)
- Wilson v. Kemp, 288 Ga. 779 (limits on plea advisement when waiver presented only as to plea hearing)
- Smith v. Francis, 253 Ga. 782 (Strickland standard applied to ineffective assistance claims)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective assistance test)
- Lewis v. State, 293 Ga. 544 (overall record must affirmatively show plea was knowing and voluntary)
- Walden v. State, 291 Ga. 260 (withdrawal of plea after sentencing allowed only to correct manifest injustice)