SEARCH

Ward v. State

Habeas corpus provided the defendant's only remedy for challenging his guilty plea to armed robbery after the term of court in which it was entered.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kentral Ward appeals from the trial court’s order dismissing his out-of-time motion to withdraw his guilty plea. Because the trial court properly found that it lacked jurisdiction to consider the motion, we affirm. On October 14, 2009, Ward pled guilty in Rockdale County Superior Court to one count of armed robbery. He was sentenced as a recidivist to fourteen years in confinement, followed by six years on probation. Over one year later, on October 26, 2010, he filed an “Extraordinary Motion to Withdraw Guilty Plea,” claiming that he did not knowingly and voluntarily plead guilty and that the underlying indictment was flawed. The trial court dismissed the motion for lack of jurisdiction. We find no error.

“It is well settled that a trial court does not have jurisdiction to entertain a motion to withdraw a guilty plea filed after the term of court in which the defendant was sentenced under the plea.” Smith v. State , 283 Ga. 376 659 SE2d 380 2008. After the term of court has expired, a defendant’s only means for withdrawing a guilty plea is through habeas corpus proceedings. See id. at 376 n.1; Henry v. State , 269 Ga. 851, 853 2 507 SE2d 419 1998. Ward pled guilty and was sentenced during Rockdale County’s October 2009 term of court. A new term of court began on the first Monday of January 2010. See OCGA § 15-6-3 32.1. Clearly, therefore, Ward filed his October 26, 2010 motion outside the term of court in which he was sentenced.

More From ALM

Premium Subscription

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

Bundle Subscriptions

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

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

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›