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Coulter v. State

The defendant failed to prove that his guilty pleas to two counts of malice murder were not intelligent, knowing and voluntary.

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Prisoner Dustin James Coulter files this pro se appeal from the denial of his motion for an out-of-time appeal following the entry of his guilty pleas to two counts of malice murder. For the reasons which follow, we affirm.

On May 2, 2006, a Bulloch County grand jury indicted Coulter, his wife Alexandra Coulter, and their friend Jerry Easters, for two counts each of malice murder, armed robbery, and possession of a knife during the commission of murder in connection with the November 21, 2005 armed robberies and fatal stabbings of Jack Walton Futch and his wife, Paula Franklin Futch. The State gave notice of its intent to seek the death penalty for Coulter on May 26, 2006, and the prosecution proceeded under the Unified Appeal Procedure. The application for interim review was denied by this Court on February 12, 2008. Following the empaneling of a jury to try Coulter, on November 7, 2008, Coulter, pursuant to a negotiated agreement, pled guilty to two counts of malice murder and received concurrent life sentences; the remaining counts were nol prossed. More than three years later, on February 2, 2012, Coulter filed, inter alia, a pro se motion to withdraw his guilty pleas. The trial court dismissed the motion for lack of jurisdiction on February 10, 2012, as the motion was filed outside the term of court in which the guilty pleas were entered.

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