X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Ellington, Presiding Judge.   On April 5, 2017, Appellant Jorge Soberanis filed pro se a notice of appeal from a certain criminal judgment entered in the Superior Court of Cherokee County on March 20, 2017. On June 29, following docketing in this Court, the State moved to dismiss Soberanis’s appeal on the basis, inter alia, that his pro se notice of appeal was a nullity because he was represented by counsel when he filed it. On the same day, this Court directed the clerk of the trial court to supplement the record with any documents in the possession of the clerk that pertained either to the release of Soberanis’s trial counsel as his legal representative, the substitution of another attorney, or a finding on the record of Soberanis’s waiver of his right to counsel. Before the trial court acted, new appellate counsel moved to remand.[1] We granted Soberanis’s motion to remand and denied without prejudice as moot the State’s motion to dismiss. The State petitioned for a writ of certiorari.On October 16, 2017, the Supreme Court of Georgia issued White v. State, 302 Ga. 315 (806 SE2d 489) (2017), which is relevant to the legal representation issue in the case at bar. On February 19, 2018, the Supreme Court vacated this Court’s opinion, that is, the order denying the State’s motion to dismiss Soberanis’s appeal, and remanded for reconsideration in light of White v. State. In that case, the Supreme Court rejected the argument that a criminal defendant’s “representation by counsel terminates automatically on the entry of a judgment and sentence — whether following the return of a jury verdict or the entry of a guilty plea[,]” such argument being contrary to the Court’s precedents on outoftime appeals “ which recognize that defense counsel’s duties towards their clients extend for at least the 30 days after the entry of judgment when a notice of appeal may be filed.” 305 Ga. at 318 (2). The Court held that,   at a minimum, legal representation continues — unless interrupted by entry of an order allowing counsel to withdraw or compliance with the requirements for substitution of counsel — through the end of the term at which a trial court enters a judgment of conviction and sentence on a guilty plea, during which time the [trial] court retains authority to change its prior orders and judgments on motion or sua sponte for the purpose of promoting justice.

 
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
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›