Walker v. State

Summary

The Georgia Supreme Court affirmed the denial of Kelvin Dejuan Walker’s motion for an out-of-time appeal from convictions for felony murder and aggravated assault. The court held that the offenses did not merge because they involved different victims, the convictions and sentences were valid on the face of the record, and Walker had no constitutional right to appointed counsel for the motion.

Holdings

1. A defendant seeking an out-of-time appeal from a judgment entered on a guilty plea must show that the proposed appellate claims can be resolved on the existing record and that the failure to pursue a timely appeal resulted from ineffective assistance of plea counsel. When the proposed claims fail on the face of the record, plea counsel could not have been ineffective for failing to pursue an appeal. Because murder and aggravated assault upon different victims do not merge as a matter of law, Walker's convictions and sentences were valid and he was not entitled to an out-of-time appeal.
2. A defendant has no constitutional right to the assistance of counsel in pursuing a motion for an out-of-time appeal; therefore, the trial court did not err by denying Walker's request for appointed counsel.

Questions Presented

1. Whether Walker was entitled to an out-of-time appeal based on his claim that the felony-murder and aggravated-assault convictions merged and were therefore void.
2. Whether the trial court erred by denying Walker's request for appointment of counsel to pursue his motion for an out-of-time appeal.

Disposition

affirmed