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Nelsonv.Wilkey

CourtSupreme Court of Georgia
Docket No.S20A0013
DecidedJune 29, 2020
Reporter309 Ga. 203
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureHabeas CorpusPost-Conviction ReliefSixth AmendmentRight to CounselIneffective Assistance of CounselStatutory Interpretation
Case Summary

The habeas court found that Wilkey’s plea counsel failed to tell him about his statutory right to withdraw a guilty plea before sentence and failed to provide updated advice after learning information that affected the plea and sentencing decision. The Georgia Supreme Court affirmed the grant of habeas relief. The court treated the right to withdraw the plea under Georgia law as material advice that competent counsel had to provide and held that the deficient advice prejudiced Wilkey’s decision-making. The court rejected the State’s challenge to the habeas court’s findings and concluded that the record supported relief for ineffective assistance of counsel. The decision left the habeas remedy in place. All justices concurred.

Opinion

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