Dawson v. State

Defendant's ineffective assistance of post-conviction counsel claim was barred because he failed to raise the issue after being granted an out of time appeal and new counsel was appointed.

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After being granted an out of time appeal, William Dawson challenges the trial court’s denial of his motion to withdraw his guilty plea on two counts of aggravated assault, two counts of false imprisonment, and one count of terroristic threats. He argues that his post-conviction counsel was ineffective for failing to raise the issue of trial counsel’s ineffectiveness and asks us to remand his case to the trial court for consideration of that issue. Because Dawson’s claim is barred by his failure to file a motion to withdraw his guilty plea in the trial court following the grant of the out of time appeal, it cannot be considered. The record shows that on May 14, 2004, Dawson pled guilty with the assistance of counsel to the above-stated charges, which stemmed from a domestic dispute with his former girlfriend and her friend. Dawson, represented by post-conviction counsel, timely filed a motion to withdraw the guilty plea, arguing that his plea was neither intelligently nor voluntarily entered. The motion did not raise an ineffective assistance of counsel claim. Following a hearing, the trial court denied Dawson’s motion.

After the time for filing a direct appeal from the trial court’s denial of the motion to withdraw his guilty plea had passed, Dawson filed a pro se motion for out of time appeal. The trial court denied the motion, but this Court reversed the denial after concluding that Dawson’s right to a direct appeal had indeed been frustrated because the trial court had not informed him of that right. Dawson was appointed a third attorney, who then filed a notice of appeal in this Court; a second motion to withdraw the guilty plea was not pursued. Dawson now asserts for the first time that his trial counsel rendered ineffective assistance and asks that we remand the case to the trial court for a determination of whether post-conviction counsel rendered ineffective assistance by failing to raise the issue of trial counsel’s ineffectiveness in the motion to withdraw guilty plea.1

Dawson v. State

Defendant's ineffective assistance of post-conviction counsel claim was barred because he failed to raise the issue after being granted an out of time appeal and new counsel was appointed.

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