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Harveyv.The State

CourtSupreme Court of Georgia
Docket No.S21A0871
DecidedAugust 10, 2021
Reporter312 Ga. 263
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureIneffective Assistance of CounselAppellate ProcedureDue ProcessSentencingSufficiency of the Evidence
Case Summary

Holly Harvey pleaded guilty to two counts of malice murder for killing her grandparents and received consecutive life sentences. Years later, she sought an out-of-time appeal, arguing that plea counsel had been constitutionally ineffective in advising her about appellate rights and that she should be allowed to withdraw the plea to obtain review. The Supreme Court of Georgia affirmed the denial of relief. It held that counsel’s advice did not constitute deficient performance and therefore did not establish the narrow circumstances permitting an out-of-time appeal from a guilty plea. Because that conclusion resolved the case, the Court did not reach Harvey’s alternative argument concerning counsel’s alleged interference with her ability to seek review.

Opinion

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