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Langston Casonv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A1994
DecidedJanuary 18, 2019
Reporter296 Ga. 357
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureRight to CounselAppellate ProcedureVacaturRemand
Case Summary

Langston Cason pleaded guilty to possessing cocaine while represented by counsel. During the same term of court in which judgment was entered, he filed pro se motions to withdraw the plea and to appoint new counsel. The trial court denied those motions, and Cason appealed. The Court of Appeals vacated the denials and remanded for dismissal of the motions. Georgia law does not permit a criminal defendant to act simultaneously as a self-represented litigant and a represented party. A pro se filing made while counsel remains of record is therefore unauthorized and has no legal effect. Counsel’s representation continued through the end of the term in which the trial court entered judgment because there was no order permitting withdrawal and no valid substitution of counsel. Cason filed both motions during that term, so the trial court should have treated them as nullities and dismissed them rather than ruling on their merits. The later pro se notice of appeal was not subject to the same defect because it was filed during a subsequent term.

Opinion

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Langston Cason V. The State — The Atlanta Gleaner