Pierce v. State
294 Ga. 842
| Ga. | 2014Background
- Appellant Jason Pierce was indicted in 1999 on malice murder (two counts), felony murder (four counts), aggravated assault (three counts), and possession of a firearm by a convicted felon.
- The State sought the death penalty but withdrew it when Pierce pled guilty to some charges; he was sentenced to two life-without-parole terms for malice murder and other terms for remaining convictions.
- On direct appeal, the Court vacated malice murder life-without-parole sentences for lack of a specified aggravating circumstance, remanding for resentencing.
- On remand, Pierce moved to withdraw his guilty pleas as to all charges; the trial court allowed withdrawal for malice murder counts but denied withdrawal for remaining charges, which had been affirmed on appeal.
- Pierce filed a plea-in-bar motion arguing double jeopardy to bar further prosecution on charges where pleas were withdrawn; the trial court denied the motion and resentenced Pierce.
- Pierce appealed pro se challenging only the denial of the plea-in-bar motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a second prosecution after withdrawal of pleas? | Pierce contends withdrawal created double jeopardy. | State argues no second prosecution because original convictions remained in effect and withdrawal was reinstated. | No second prosecution; withdrawal order was vacated, reinstating original pleas and convictions. |
| Whether counsel’s conduct on remand amounted to ineffective assistance | Ineffective assistance for failing to raise double jeopardy and advice to withdraw pleas. | Record insufficient to resolve ineffectiveness; post-plea claims must be pursued in habeas corpus. | Ineffectiveness claims must be pursued via habeas corpus; not reviewable on direct appeal. |
Key Cases Cited
- Kaiser v. State, 285 Ga. App. 63, 646 SE2d 84 (Ga. App. 2007) (void sentence is a nullity; right to withdraw plea before proper sentencing)
- Murray v. State, 314 Ga. App. 240, 723 SE2d 531 (Ga. App. 2012) (withdrawal of pleas; double jeopardy considerations on remand)
- Morrow v. State, 266 Ga. 3, 463 SE2d 472 (Ga. 1995) (appeal permissible only on record-ground issues after guilty plea)
- Frazier v. Mathis, 286 Ga. 647, 690 SE2d 840 (Ga. 2010) (post-plea ineffectiveness claims via habeas corpus)
- Gibson v. State, 290 Ga. 516, 722 SE2d 741 (Ga. 2012) (ineffective assistance claims requiring post-plea relief via habeas)