Paul K. Murrayv.The State
CourtCourt of Appeals of Georgia
Docket No.A20A1692
DecidedMarch 4, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalPost-Conviction ReliefCriminal ProcedureAppellate ProcedureMotion to DismissVacaturRemand
Case Summary
Paul Murray pleaded guilty to three child-molestation counts in 2006 and later sought an out-of-time appeal. The trial court dismissed the request without conducting the required hearing and without resolving Murray’s claim that his earlier waiver was invalid. The Court of Appeals of Georgia held that the dismissal could not stand because the trial court had not developed and decided the waiver issue through the required procedure. It vacated the dismissal and remanded for further proceedings. The court did not decide the unresolved waiver question itself.
Opinion
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