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Rutledgev.State

CourtSupreme Court of Georgia
Docket No.S21A1036
DecidedMarch 15, 2022
Reporter313 Ga. 460; 870 S.E.2d 720
JudgesLaGrua, Justice; all Justices concurred except Peterson, Bethel, and Ellington, JJ., who dissented
Tags
CriminalAppellate ProcedureOut-of-Time AppealGuilty PleaPost-Conviction ProcedureVacatur
Case Summary

Marcus Rutledge pleaded guilty to malice murder for the 2016 shooting death of Brian Williams and received life imprisonment with the possibility of parole; he did not file a timely appeal. After the trial court first denied his pro se motion for an out-of-time appeal, the Supreme Court remanded for an evidentiary hearing on whether plea counsel’s ineffectiveness caused the missed appeal. Following that hearing, the trial court again denied the motion, this time on the merits of Rutledge’s claim that counsel failed to advise him of his appeal rights or the option to withdraw his plea. On review, the Supreme Court applied its decision in Cook v. State, issued the same day, holding that Georgia law does not authorize a motion for an out-of-time appeal in the trial court. Because Rutledge’s remedy for an alleged constitutional violation lies, if at all, in habeas corpus, the trial court lacked authority to decide the motion’s merits and should have dismissed it. The Court vacated the denial and remanded for entry of an order dismissing the motion; Justices Peterson, Bethel, and Ellington dissented for the reasons they gave in Cook.

Opinion

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