Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Stockton v. State

The Court of Appeals vacated the denial of the defendant's motion to withdraw his guilty plea and remanded the case for an evidentiary hearing on whether his plea was involuntary based on ineffective assistance of counsel.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this out-of-time appeal, Antonio Stockton appeals from the trial court’s order denying his motion to withdraw his plea of guilty to armed robbery and theft by taking.1 He contends that he received ineffective assistance of counsel because his lawyer failed to investigate his mental competence before he pled guilty. Because the trial court did not conduct an evidentiary hearing to determine whether Stockton’s plea was rendered involuntary based upon ineffective assistance of counsel before denying his motion, we vacate the trial court’s order denying the motion to withdraw and remand this case to the trial court to hold an evidentiary hearing on Stockton’s motion to withdraw his guilty plea. Johnson v. State , 273 Ga. App. 11 614 SE2d 477 2005. The State’s contention that Stockton’s only remedy is to pursue a habeas corpus petition is without merit. The State relies upon cases in which the defendant seeks to appeal from a guilty plea, not an order denying a motion to withdraw a guilty plea. See, e.g., Manion v. State , 228 Ga. App. 270-271 491 SE2d 506 1997; compare Caine v. State , 266 Ga. 421-422 467 SE2d 570 1996 comparing a direct appeal from a guilty plea with a direct appeal from a motion to withdraw a guilty plea; Frost v. State , 286 Ga. App. 694 649 SE2d 878 2007 direct appeal after hearing held on motion to withdraw guilty plea.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Team Accounts
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
Go to CLE Center
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
ThinkAdvisor LUMINARIES Awards 2024
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
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
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs