X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is the second appearance of this case in this Court. In Louis F. Trauth’s first appeal, in which, as explained more fully below, Trauth was improperly forced to proceed pro se, this Court affirmed the trial court’s decision to deny Trauth’s motion to withdraw his guilty plea for malice murder. See Trauth v. State, 283 Ga. 141 657 SE2d 225 2008. New counsel began representing Trauth after his first appeal, and this new counsel filed a habeas petition on Trauth’s behalf on September 16, 2008. Following a hearing, the habeas court granted the petition on January 15, 2014, granting Trauth “an out-of-time direct appeal from the trial court’s denial of Trauth’s motion to withdraw his guilty plea.” See Roberts v. Caldwell, 230 Ga. 223 196 SE2d 444 1973 proper remedy for defendant who was improperly denied counsel and forced to proceed pro se in his first direct appeal was to allow him to pursue second, out-of-time, direct appeal. The habeas court also gave Trauth thirty days “to pursue post conviction remedies.” Trauth then filed a Notice of Out-of-Time Appeal on February 10, 2014, which placed this case before us for a second time. On appeal, he argues, among other things, that his trial counsel and post conviction counsel were ineffective. For the reasons that follow, we affirm.

The record reveals that Trauth pled guilty on August 2, 2006 to the malice murder of his wife. The facts at the guilty plea hearing revealed that, approximately two weeks before the murder, Trauth’s wife had told him that she was having an affair. On the day of the murder, Trauth recorded an audiotape. In the tape, he explained to his children that, by the time they found the tape, he would have killed himself and his wife. The recording then stops, and, when it starts again, Trauth explains that he has killed his wife and that he now intends to kill himself. However, rather than committing suicide, Trauth called one of his daughters who, in turn, alerted the police. When police arrived at the Trauths’ home, Trauth’s wife’s body was discovered in the garage. She had been shot twice in the head at close range. Police recovered a bullet from a couch cushion in an upstairs living room, and there was evidence that Trauth had tried to clean blood from the couch. A second bullet was found in the garage next to the body. At the guilty plea hearing, Trauth fully admitted to the murder of his wife.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›