Coleman v. State, 278 Ga. 493

Summary

The Supreme Court of Georgia affirmed the denial of Michael Coleman's motion for permission to file an out-of-time appeal from his guilty plea to malice murder. The court held that an ineffective-assistance claim relating to the guilty plea could not be raised in a direct appeal on the existing record and that the proper remedy was a motion to withdraw the plea or, apparently, habeas corpus relief.

Holdings

1. A defendant may not challenge the effectiveness of trial counsel in a direct appeal from a guilty plea when the ineffective-assistance claim can be developed only through a post-plea hearing and the record contains only the guilty-plea transcript. The proper procedure is to move to withdraw the guilty plea, develop the record on the ineffective-assistance claim, and appeal any denial of that motion.
2. The trial court properly denied Coleman's motion for permission to file an out-of-time appeal because his only asserted basis for appeal was an ineffective-assistance claim that could not be raised by direct appeal from the guilty plea on the existing record.

Questions Presented

1. Whether a defendant who pleaded guilty may pursue a direct appeal alleging ineffective assistance of trial counsel when the record contains only the guilty-plea transcript.
2. Whether the trial court properly denied Coleman's motion for permission to file an out-of-time appeal.

Disposition

affirmed