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Allen v. State

The pro se defendant failed to provide the Court with any arguments or citation of authority to support his contentions on appeal.

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On October 27, 1997, Thomas Isaac Allen entered a guilty plea to the charges of murder, armed robbery, aggravated assault, and burglary, and he was sentenced to life imprisonment without parole. Since that time, Allen has filed a number of motions. On November 21, 2000, Allen filed a motion to withdraw his plea, which the trial court denied on February 20, 2001. Approximately one year later, Allen filed an extraordinary motion for new trial, and that motion was denied on March 11, 2002. Then, on July 20, 2005, Allen filed a motion for an out-of-time appeal and appointment of counsel. These motions were denied on October 6, 2005, and, like all of the former motions, they were never appealed. On December 20, 2013, Allen filed a motion for an out-of-time direct appeal and another request for appointment of counsel. On March 4, 2014, the trial court denied both motions, finding that Allen had no unqualified right to a direct appeal, Kennedy v. State, 319 Ga. App. 498 735 SE2d 819 2012, and that the claims of ineffective assistance of counsel he wished to raise could not be resolved solely by facts in the record. Id. On May 12, 2014, the trial court granted Allen’s motion for an out-of-time appeal of the March 4th order denying his request for an out-of-time direct appeal.

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