Paul K. Murray v. State

Summary

The Georgia Court of Appeals vacated the dismissal of Paul K. Murray’s motion for an out-of-time appeal from his guilty-plea convictions for child molestation. The court held that an evidentiary hearing was required to determine whether counsel performed deficiently by failing to advise Murray of his right to a direct appeal. The case was remanded for further proceedings, while an unaddressed waiver issue was left for the trial court.

Holdings

1. When a defendant seeks an out-of-time appeal based on counsel's alleged failure to advise him of his right to a direct appeal, and the issue of counsel's deficient performance cannot be resolved from the existing record, the trial court must conduct an evidentiary hearing before ruling on the motion.
2. The Court of Appeals declined to decide the waiver issue because the trial court had not ruled on it.

Questions Presented

1. Whether the trial court erred by dismissing Murray's motion for an out-of-time appeal without holding an evidentiary hearing on his claim that counsel failed to advise him of his right to a direct appeal.
2. Whether Murray's prior habeas corpus proceedings waived his right to seek an out-of-time appeal.

Disposition

vacated