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Powellv.The State

CourtSupreme Court of Georgia
Docket No.S20A0852
DecidedAugust 10, 2020
Reporter309 Ga. 523
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptPost-Conviction ReliefRight to CounselIneffective Assistance of CounselDue Process
Case Summary

Tyree Powell challenged the denial of his motion to withdraw a guilty plea to malice murder. He argued that the plea colloquy did not adequately address the required constitutional rights, that counsel was unprepared, and that the trial court should have appointed substitute counsel. The Georgia Supreme Court affirmed. The record supported the finding that Powell entered the plea knowingly, intelligently, and voluntarily. Powell also failed to show prejudice from any deficiency by plea counsel or an abuse of discretion in denying new counsel. The court rejected his claim that the trial court had to hear the request for substitute counsel ex parte and explained that the record did not establish a constitutional violation. The denial of plea withdrawal therefore stood.

Opinion

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