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Boonev.The State

CourtSupreme Court of Georgia
Docket No.S21A0171
DecidedDecember 21, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptAppellate ProcedurePost-Conviction ReliefIneffective Assistance of CounselVacaturRemand
Case Summary

Odeirrick Boone pleaded guilty to malice murder and related offenses and later sought permission to file an out-of-time appeal. He alleged that trial counsel failed to tell him that he had a right to appeal. The Georgia Supreme Court vacated the summary denial and remanded. The court held that when a defendant alleges that counsel caused the failure to file a timely appeal, the trial court must conduct an evidentiary hearing before deciding whether the defendant is entitled to an out-of-time appeal. The trial court had denied Boone’s request without making the factual findings necessary to resolve counsel’s performance and prejudice. The Supreme Court left those issues for the trial court on remand.

Opinion

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The Far Side
Boone V. The State — The Atlanta Gleaner