Walden v. State
291 Ga. 260
| Ga. | 2012Background
- Walden pled guilty to felony murder for a house fire that killed his stepfather (Feb. 2011).
- Walden moved to withdraw the guilty plea (Feb. 15, 2011); the trial court denied the motion.
- Walden argued coercion by his mother, sister, and counsel, but the trial court found the plea voluntary and the court affirmed.
- Walden was indicted on malice murder, two counts of first-degree arson, aggravated assault on a peace officer, and felon-in-possession; plea to felony murder later entered.
- On appeal, Walden challenged voluntariness and raised ineffective-assistance arguments, which the court treated as not properly before it on direct appeal.
- Judgment affirmed; ineffective-assistance claim deferred to habeas-corpus proceedings if not raised below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of Walden’s guilty plea | Walden claims coercion by mother and sister (and counsel) rendered plea involuntary | Walden argues coercion by family and attorneys affected decision to plead | No manifest abuse; plea voluntary after consideration of factors |
| Ineffective assistance due to same lawyers representing plea and withdrawal hearing | Coercion claim precluded on direct appeal because same attorneys represented both stages | Conflict from continued representation constitutes ineffective assistance | Issue not reviewable on direct appeal; proper remedy habeas corpus |
| Procedural posture for post-plea withdrawal claims | Direct appeal is proper for voluntariness issues; not for post-plea withdrawal | Direct appeal affirmed on voluntariness; ineffective-assistance claim not decidable here |
Key Cases Cited
- Watson v. State, 274 Ga. 689 (Ga. 2002) (waiver of trial rights and jury requirements informative for voluntariness)
- Thomas v. State, 231 Ga. 298 (Ga. 1973) (withdrawal of guilty plea before sentencing; discretion after sentencing)
- Foster v. State, 281 Ga. App. 584 (Ga. App. 2006) (post-sentence withdrawal requires manifest injustice)
- Ivey v. State, 230 Ga. 407 (Ga. 1973) (entry of guilty plea based on advice not coercive per se)
- Coleman v. State, 278 Ga. 493 (Ga. 2004) (ineffective assistance not raised at trial cannot be raised on direct appeal)
- Dupree v. State, 279 Ga. 613 (Ga. 2005) (post-plea remedy via habeas corpus if not raised timely)
- Carleton v. State, 302 Ga. App. 29 (Ga. App. 2010) (references for timing of post-plea claims)