Robinson v. State
306 Ga. 614
Ga.2019Background
- On August 10, 2005, Eddie Robinson shot into a group outside an apartment, killing Kenyon Beaty and wounding others; witnesses identified Robinson and connected him by phone records and surveillance to a gray car near the scene.
- Robinson was indicted in December 2006 on malice murder, multiple aggravated assaults, and firearm offenses; a jury convicted him in March 2010 and he received life plus consecutive terms.
- Trial counsel filed a motion for new trial (Apr. 9, 2010). New counsel (motion-for-new-trial counsel) amended that motion in 2011 but did not file a notice of appeal after the motion was denied in 2016.
- Robinson obtained different counsel in 2018 and moved for an out-of-time appeal, alleging motion-for-new-trial counsel was ineffective for failing to appeal and for not informing him of appeal rights; the trial court granted the out-of-time appeal.
- On appeal Robinson sought a remand for an evidentiary hearing on claims that (1) trial counsel was ineffective and (2) motion-for-new-trial counsel was ineffective. The Supreme Court of Georgia affirmed and denied a remand.
Issues
| Issue | Robinson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial counsel was constitutionally ineffective | Trial counsel failed to investigate, advise re: pleas, call favorable witnesses, and object to certain evidence | These claims were forfeited because they were not raised at the earliest practicable moment (motion-for-new-trial stage) | Waived: defendant had opportunity to raise them at motion-for-new-trial and did not; therefore forfeited |
| Whether motion-for-new-trial counsel was ineffective for failing to raise trial counsel's ineffectiveness | Motion-for-new-trial counsel should have asserted trial-counsel errors | Recasting trial-counsel claims as motion-for-new-trial counsel ineffectiveness is procedurally barred | Procedurally barred: cannot "resuscitate" forfeited trial-counsel claims by recasting them |
| Whether motion-for-new-trial counsel was ineffective for failing to file a notice of appeal or inform defendant of appeal rights | Failure to file notice and to inform deprived Robinson of his first appeal of right | Granting an out-of-time appeal remedies that type of ineffectiveness | Remedied: out-of-time appeal granted, which cures counsel's failure to file timely appeal |
| Whether remand for evidentiary hearing on counsel ineffectiveness is required | Robinson requested a remand to develop ineffective-assistance claims | State argued claims were either waived, procedurally barred, or already remedied and thus no remand needed | No remand: claims were waived or remedied and remaining claims could have been raised post-remand via new motion; habeas is the proper vehicle for any post-conviction counsel claims |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Williams v. Moody, 287 Ga. 665 (2010) (ineffectiveness claims must be raised at the earliest practicable moment)
- Garland v. State, 283 Ga. 201 (2008) (same principle on timing of ineffectiveness claims)
- Smart v. State, 299 Ga. 414 (2016) (waiver where defendant failed to raise trial-counsel ineffectiveness at motion-for-new-trial stage)
- Elkins v. State, 306 Ga. 351 (2019) (cannot recast forfeited trial-counsel claims as post-conviction counsel ineffectiveness)
- King v. State, 304 Ga. 349 (2018) (bootstrapping forfeited claims is impermissible)
- Ringold v. State, 304 Ga. 875 (2019) (out-of-time appeal is the remedy for counsel's failure to pursue a first appeal)
- Ponder v. State, 260 Ga. 840 (1991) (grant of out-of-time appeal permits pursuing post-conviction remedies, including a new motion for new trial)
- Maxwell v. State, 262 Ga. 541 (1992) (out-of-time appeal allows defendant to restart post-conviction process)