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Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals
by Douglas Ankney
In a landmark ruling, the Supreme Court of Georgia completely overhauled the state’s jurisprudence governing appeals of cases that resulted in guilty pleas and governing out-of-time appeals, overturning more than 75 prior decisions.
In September 2009, Cordalero Collier pleaded guilty to felony murder, and …
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More from this issue:
- News in Brief
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson, by Pat O'Connell
- Asset Forfeiture Not So Helpful to Crime-Fighting, by Edward Lyon
- New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations, by Dale Chappell
- Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Denial of Safety-Valve Relief, by Douglas Ankney
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, by Douglas Ankney
- California Court of Appeal: Equal Protection Requires Pretrial Detainees on Home Confinement Be Eligible for Good Conduct Credits, by Douglas Ankney
- U.S. Supreme Court ‘Death Caucus’ Setting Death Penalty Litigation Tone, by Kevin Bliss
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, by Douglas Ankney
- Seventh Circuit Vacates Sentence Because Sentencing Judge Should Have Recused Himself Due to Ex Parte Communications with U.S. Attorney’s Office, by Douglas Ankney
- Santa Didn’t Create Naughty Cops List, But It’s Worth Checking Twice, by Douglas Ankney
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, by Douglas Ankney
- Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis, by Dale Chappell
- Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se, by Douglas Ankney
- Sixth Circuit Holds Career Offender Status Does not Bar Retroactive FSA Relief Under First Step Act, by Dale Chappell
- Using Algorithms to Erase Pot Convictions in California, by Douglas Ankney
- Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences, by Douglas Ankney
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- NJ Supreme Court: Confession not Voluntary Where Police Tell Suspect Truth Would Set Him Free, Promise Him Counseling Instead of Jail, and Minimize Seriousness of Offenses, by Douglas Ankney
- Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c), by Douglas Ankney
- Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule, by Dale Chappell
- Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score, by Anthony Accurso
- Harmless Error: Explained, by Gabe Newland
- On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Police Use of Rapid DNA Machines Unregulated, by Jayson Hawkins
- Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c), by Dale Chappell
- Perils of Risk Assessment Tools in Criminal Justice, by Jayson Hawkins
- If It Saves More Than One Child, by Sandy Rozek
- U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion, by Dale Chappell
- From the Editors
- Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase, by Chad Marks
- Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, by Dale Chappell
- Insurance Companies Are Paying Cops To Investigate Their Own Customers, by Kendall Taggart
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, Nov. 18, 2019. Appeals, Habeas Corpus.
- Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, Oct. 16, 2019. Appeals.
