Rhodes v. State, 296 Ga. 418

Rhodes pled guilty but mentally retarded to malice murder and armed robbery in 2000 to avoid the death penalty; sentenced to two consecutive life terms on March 14, 2000.
Thirteen-plus years later (2013–2014), Rhodes filed numerous motions in the trial court seeking to withdraw his plea, an out-of-time appeal, appointment of counsel, and other challenges.
Trial court denied all motions without an evidentiary hearing; Rhodes appealed directly under Simmons v. State for directly appealable denials.
The Court discusses the scope of authority to withdraw a guilty plea after the term of court, and the availability of an out-of-time appeal when issues may or may not be resolved on the record.
The Court affirmatively determines Rhodes was not entitled to withdrawal of the plea or to an out-of-time appeal, and rejects other challenges as improper for an out-of-time appeal.
The judgment is affirmed with all Justices concurring.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the motion to withdraw the guilty plea was timely	Rhodes seeks withdrawal; argues trial court had authority.	State argues untimely filing foreclosed court's authority.	Denied; untimely after term, no authority to withdraw.
Whether Rhodes is entitled to an out-of-time appeal	Direct appeal denied due to counsel deficiency or voluntariness concerns.	Out-of-time appeal not available where issues cannot be resolved on the record; and others must go via habeas.	Denied; out-of-time appeal not warranted based on record and standards.
Whether plea counsel erred by failing to object to judge's comments under OCGA 17-8-57	Counsel should have objected to comments affecting due process.	Comments outside jury are not prohibited by OCGA 17-8-57; no deficient performance.	Unpersuasive; no error given outside-jury context.
Whether certain ineffective-assistance claims must proceed via habeas corpus rather than out-of-time appeal	Claims involve trial strategy and experts that require evidentiary development.	Such issues cannot be resolved on the direct record and belong in habeas corpus.	These claims are not proper grounds for an out-of-time appeal; must pursue in habeas corpus.

Brown v. State, 280 Ga. 658 (2006) (timeliness limits authority to withdraw plea within term of court)
Dupree v. State, 279 Ga. 613 (2005) (timeliness governs withdrawal of guilty plea)
Simmons v. State, 276 Ga. 525 (2003) (direct appeal timing matters for post-plea issues)
Hagan v. State, 294 Ga. 716 (2014) (out-of-time appeal if issues not on record; otherwise not)
Stephens v. State, 291 Ga. 837 (2012) (out-of-time appeal for ineffective assistance when record supports)
Smith v. State, 287 Ga. 391 (2010) (record-based evaluation of appealability)
Stewart v. State, 268 Ga. 886 (1998) (direct appeal and out-of-time considerations)
Gibson v. State, 290 Ga. 516 (2012) (habeas vs. direct appeal for ineffective assistance)