Boonev.The State
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.
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