Terry-Hall v. State, 312 Ga. 250

In March 2015 a Henry County grand jury indicted Brandon Terry-Hall on multiple counts arising from a September 2012 burglary and shootings, including malice and felony murder, burglary, armed robbery, aggravated assault, false imprisonment, and a firearms count.
On September 15, 2015 Terry-Hall pleaded guilty to four counts: felony murder (predicated on aggravated assault), first-degree burglary, armed robbery, and false imprisonment; the remaining counts were nolle prossed.
On October 15, 2015 the trial court sentenced him to concurrent life terms on felony murder and armed robbery, plus consecutive 20-year and 10-year terms on burglary and false imprisonment.
On February 27, 2019 Terry-Hall filed a pro se motion for an out-of-time appeal arguing the State’s factual basis at the plea hearing was inadequate and that his plea was involuntary; he did not assert that counsel failed to file a timely appeal or motion to withdraw the plea.
The trial court denied the motion without an evidentiary hearing; the Supreme Court of Georgia affirmed, concluding Terry-Hall waived ineffective-assistance-based claims by not raising them below and that claims attacking the plea’s factual basis could not be reached because no out-of-time appeal was granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused its discretion by denying an out-of-time appeal without a hearing based on ineffective assistance of counsel	Terry-Hall: counsel was ineffective for failing to file a timely notice of appeal or motion to withdraw plea, entitling him to an out-of-time appeal	State: Terry-Hall never alleged in his motion that counsel’s deficient performance deprived him of an appeal; claim was not raised below and thus waived	Court: Waived—no hearing required where defendant did not allege counsel thwarted a timely appeal; denial affirmed
Whether the State provided an adequate factual basis for the guilty plea and whether counsel was ineffective for failing to object	Terry-Hall: the factual basis at the plea hearing was inadequate; counsel failed to object under the Uniform Superior Court Rules	State: These claims cannot be reviewed on direct appeal absent an out-of-time appeal	Court: No jurisdiction to review plea-challenge claims because out-of-time appeal was not granted; claims barred

Turner v. State, 281 Ga. 435 (explaining that challenges to a guilty plea on direct appeal must be resolvable from the record)
Collier v. State, 307 Ga. 363 (holding a defendant is entitled to an out-of-time appeal when counsel’s deficient performance deprived him of an appeal)
Clark v. State, 310 Ga. 489 (review standard and duty to hold evidentiary hearing when ineffective-assistance allegation is properly raised)
Ringold v. State, 304 Ga. 875 (asserting that errors not raised in the trial court are generally waived)
Rutledge v. State, 309 Ga. 508 (pro se allegation that counsel failed to inform defendant of appealable grounds can require inquiry)
Jones v. State, 308 Ga. 337 (trial court abused discretion by denying without hearing pro se motion alleging abandonment by plea counsel)
Burley v. State, 308 Ga. 650 (discussing circumstances warranting an evidentiary hearing on out-of-time appeal motions)
Barnes v. State, 291 Ga. 831 (challenges not raised in the trial court in connection with an out-of-time appeal motion are waived)
McDaniel v. State, 311 Ga. 367 (reiterating that the Supreme Court lacks jurisdiction to review plea-challenge claims when no out-of-time appeal is granted)