Lloyd v. State, 373 S.E.2d 1 (Ga. 1988). · Go Syfert
Lloyd v. State, 373 S.E.2d 1 (Ga. 1988). Cases Citing This Book View Copy Cite
341 citation events (217 in the last 25 years) across 15 distinct courts.
Strongest positive: Shaquille Rucker v. State (gactapp, 2026-02-13)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Shaquille Rucker v. State
Ga. Ct. App. · 2026 · confidence medium
Lloyd v. State, 258 Ga. 645, 648 (2)(a) ( 373 SE2d 1 ) (1988).
examined Cited as authority (rule) Gramiak, Warden v. Beasley (3×) also: Cited "see", Cited "see, e.g."
Ga. · 2018 · confidence medium
Before Lafler and Frye, this Court held that in a case in which the defendant complains he went to trial instead of pleading guilty because his plea counsel provided deficient representation, prejudice from counsel’s deficient performance “can only be shown by some indication that the defendant was amenable to the offer made by the state.” Lloyd v. State, 258 Ga. 645, 648 (2) (b) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Rebecca Wiggins v. State
Ga. Ct. App. · 2016 · confidence medium
“Objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him.” Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Wiggins v. State
Ga. Ct. App. · 2016 · confidence medium
“Objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him.” Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
examined Cited as authority (rule) Wiley v. the State (4×)
Ga. Ct. App. · 2016 · confidence medium
(Citations and punctuation omitted.) Lloyd v. State, 258 Ga. 645, 647 (2) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Harris v. the State
Ga. Ct. App. · 2015 · confidence medium
Phipps, P. J., and Boggs, J., concur. 1 OCGA § 16-8-41 (a). 2 OCGA § 16-5-40 (a). 3 OCGA §16-5-41 (a). 4 OCGA § 16-11-106 (b). 5 OCGA § 16-11-131 (b). 6 OCGA § 16-7-21 (b) (2). 7 The court acknowledged that at trial, the judge had given confusing instructions as to possible sentences, but found that the judge had advised Harris that he could face a life sentence. 8 Strickland v. Washington, 466 U. S. 668, 687 (III) ( 104 SCt 2052 , 80 LE2d 674) (1984). 9 See Cleveland v. State, 285 Ga. 142, 144 ( 674 SE2d 289 ) (2009). 10 (Citations and punctuation omitted.) Hughes v. State, 289 Ga. 98, …
discussed Cited as authority (rule) Phillips, Kenneth Wayne
Tex. App. · 2015 · confidence medium
See, e.g Davie v. State, 381 S.C.60l, 608-609, 675 S.E.Zd 416, 420 (2009); Cottle v. State, 733 SO.2d 963, 965 966 (Fla.l999); Becton v. Hun, 205 W.Va. 139, 144 , 516 S.E.Zd 762, 767 (1999); Harris v. State, 875 S.W.2d 662, 665 (Tenn. 1994); Lloyd v. Statey 285 Ga. 645,648 , 373 S.E.2d 1, 3 (1988); United States v. Rodriguez, 929 F.2d 747, 752 (CAl l99l)(per curiam); Pham v. United States, 317 F.3d 178, 182 (CA2 2003); United States ex rel.
discussed Cited as authority (rule) Phillips, Kenneth Wayne
Tex. App. · 2015 · confidence medium
See, e.g Davie v. State, 381 S.C.601, 608-609, 675 S.E.Zd 416, 420 (2009); COttle v. State, 733 SO.2d 963, 965 966 (Fla.1999); Becton v. Hun, 205 W.Va. 1391 144, 516 S.E.Zd 762, 767 (1999); Harris v. State, 875 S.W.2d 662, 665 (Tenn. 1994); Lloyd v. Statey 285 Ga. 645,648 , 373 S.E.2d 1, 3 (1988); United States v. Rodriguez, 929 F.2d 747, 752 (CAl 1991)(per curiam); Pham v. United States, 317 F.3d 178, 182 (CA2 2003); United States ex rel.
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2014 · confidence medium
However, Davis’s trial lawyer elaborated at the hearing on motion for new trial that “we were not able to contact his son, who was I won’t say an essential witness but certainly could fill in some gaps that his—the woman that he was living with that she was not able necessarily to fill in.” See Lloyd v. State, 258 Ga. 645, 647-648 (2) (a) ( 373 SE2d 1 ) (1988) (explaining that to show deficient performance, appellant must show that counsel’s representation fell below objective standard of reasonableness; in the context of an offered plea bargain, objective professional standards or…
discussed Cited as authority (rule) Freddie Lamar Davis v. State
Ga. Ct. App. · 2014 · confidence medium
Where, as here, the defendant’s complaint is that he went to trial instead of pleading guilty because of counsel’s deficient representation, “the proper question at the prejudice step is whether [the defendant] demonstrated that, but for counsel’s 14 See Lloyd v. State, 258 Ga. 645, 647-648 (2) (a) ( 373 SE2d 1 ) (1988) (explaining that to show deficient performance, appellant must show that counsel’s representation fell below objective standard of reasonableness; in the context of an offered plea bargain, objective professional standards ordinarily dictate that a defendant be told t…
discussed Cited as authority (rule) Raheen Jamal Biggins v. State
Ga. Ct. App. · 2013 · confidence medium
“Objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him.” (Footnote omitted; emphasis added.) Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Biggins v. State
Ga. Ct. App. · 2013 · confidence medium
“Objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him.” (Footnote omitted; emphasis supplied.) Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
cited Cited as authority (rule) Dulcio v. State
Ga. · 2013 · confidence medium
Lloyd v. State, 258 Ga. 645, 648 (2) (b) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Harris v. Upton
Ga. · 2013 · confidence medium
Lloyd v. State, 258 Ga. 645, 648 ( 373 SE2d 1 ) (1988); see Lafler v. Cooper,___ U. S._(132 SC 1376, 1384, 182 LE2d 398) (2012) (“In the context of pleas a defendant must show the outcome of the plea process would have been different with competent advice”).
cited Cited as authority (rule) In the Interest Of: K. F.
Ga. Ct. App. · 2012 · confidence medium
For counsel to do otherwise amounts to less than reasonably professional assistance.” Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
cited Cited as authority (rule) In the Interest of K. F.
Ga. Ct. App. · 2012 · confidence medium
For counsel to do otherwise amounts to less than reasonably professional assistance.” Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Missouri v. Frye (2×)
SCOTUS · 2012 · confidence medium
Va. 139, 144 , 516 S. E. 2d 762, 767 (1999); Harris v. State, 875 S. W. 2d 662, 665 (Tenn. 1994); Lloyd v. State, 258 Ga. 645 , 648, 373 S. E. 2d 1, 3 (1988); United States v. Rodri- guez Rodriguez, 929 F. 2d 747, 752 (CA1 1991) (per curi- am); Pham v. United States, 317 F. 3d 178, 182 (CA2 2003); United States ex rel.
discussed Cited as authority (rule) Missouri v. Frye
SCOTUS · 2012 · confidence medium
Va. 139, 144 , 516 S. E. 2d 762, 767 (1999); Harris v. State, 875 S. W. 2d 662, 665 (Tenn. 1994); Lloyd v. State, 258 Ga. 645 , 648, 373 S. E. 2d 1, 3 (1988); United States v. Rodri- guez Rodriguez, 929 F. 2d 747, 752 (CA1 1991) (per curi- am); Pham v. United States, 317 F. 3d 178, 182 (CA2 2003); United States ex rel.
examined Cited as authority (rule) Cammer v. Walker (5×) also: Cited "see", Cited "see, e.g."
Ga. · 2011 · confidence medium
Johnson v. State, 276 Ga. 57 (4) (a) ( 573 SE2d 362 ) (2002); Chapman v. State, 273 Ga. 348 (2) ( 541 SE2d 634 ) (2001); Lloyd, supra, 258 Ga. at 647 (2) (a); ABA Standards for Criminal Justice, Prosecution Function and Defense Function, 3d ed., Standard 4-5.2 (a), Standard 4-6.2 cmt. (1993).
discussed Cited as authority (rule) Johnson v. State
Ga. · 2011 · confidence medium
In Lloyd v. State, 258 Ga. 645, 648 (2)(a), 373 S.E.2d 1 (1988), this Court held that trial counsel has rendered "less than reasonably professional assistance" if he has not informed his client "that an offer to plead guilty has been made and ... advised [his client] of the consequences of the choices confronting him." Furthermore, we have recognized that "(p)rior to trial an accused is entitled to rely upon his counsel to make an independent examination of the facts, circumstances, pleadings and laws involved and then to offer his informed opinion as to what plea should be entered." [Cit.] Th…
discussed Cited as authority (rule) Miller v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Johnson, J., concur. 1 Nichols v. State, 285 Ga. 784, 785 (2) (a) ( 683 SE2d 610 ) (2009). 2 Dyer v. State, 295 Ga. App. 495, 498 (1) ( 672 SE2d 462 ) (2009) (citation and punctuation omitted). 3 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000). 4 See Lloyd v. State, 258 Ga. 645, 647-648 (2) (a) ( 373 SE2d 1 ) (1988) (to show deficient performance, appellant must show that counsel’s representation fell below objective standard of reasonableness; in the context of an offered plea bargain, objective professional standards dictate that a defendant be told that an offer to plea…
examined Cited as authority (rule) Johnson v. State (3×)
Ga. Ct. App. · 2009 · confidence medium
Johnson, P J., and Ellington, J., concur. 1 See OCGA §§ 16-8-41 (a); 17-10-6.1 (a) (2); 17-10-7 (b). 2 See Rankin v. State, 278 Ga. 704, 705 ( 606 SE2d 269 ) (2004), citing Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Two other burglary counts were dead-docketed. 4 (Footnote omitted.) Cleveland v. State, 285 Ga. 142, 144 ( 674 SE2d 289 ) (2009) (“Cleveland I”). 5 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 6 (Punctuation omitted.) Lloyd v. State, 258 Ga. 645, 647 (2) ( 373 SE2d 1 ) (1988), citing Strickland, supra at 688 (III) (A). 7 (Footnote omitted.) Llo…
examined Cited as authority (rule) Cleveland v. State (18×) also: Cited "see"
Ga. · 2009 · confidence medium
The trial court thereafter denied the motion for new trial without explanation. [26] The majority and the Court of Appeals both correctly held that the "reasonable probability" standard applies to the assessment of the prejudice prong in those ineffectiveness claims based on rejected guilty pleas and that this standard was not altered by language in Lloyd v. State, supra, 258 Ga. at 648-649 (2), 373 S.E.2d 1 (b).
examined Cited as authority (rule) Davie v. State (3×) also: Cited "see, e.g."
S.C. · 2009 · confidence medium
Caruso v. Zelinsky, 689 F.2d 435, 438 (3d Cir.1982); Barentine v. United States, 728 F.Supp. 1241, 1251 (W.D.N.C.), aff'd, 908 F.2d 968 (4th Cir.1990); Griffin v. United States, 330 F.3d 733, 737 (6th Cir.2003); Johnson v. Duckworth, 793 F.2d 898, 902 (7th Cir.1986); United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir.1994); Diaz v. United States, 930 F.2d 832, 834 (11th Cir.1991); see also Rasmussen v. State, 280 Ark. 472 , 658 S.W.2d 867, 867-68 (1983); Cottle v. State, 733 So.2d 963, 964-65 (Fla.1999); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); People v. Whitfield, 40 Ill.2d *…
discussed Cited as authority (rule) Port v. State
Ga. Ct. App. · 2008 · confidence medium
In the context of a rejected plea offer, “such prejudice can only be shown by some indication that the defendant was amenable to the offer.” Lloyd v. State, 258 Ga. 645, 648 (2) (b) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Piro v. State
Idaho Ct. App. · 2008 · confidence medium
Caruso v. Zelinsky, 689 F.2d 435, 438 (3d Cir.1982); Cottle v. State, 733 So.2d 963, 965-66 (Fla.1999); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); Commonwealth v. Copeland, 381 Pa.Super. 382 , 554 A.2d 54, 60-61 (1988); Ex parte Wilson, 724 S.W.2d 72, 74 (Tex.Crim.App.1987); State v. James, 48 Wash.App. 353, 739 P.2d 1161, 1166-67 (1987).
examined Cited as authority (rule) Cleveland v. State (5×)
Ga. Ct. App. · 2008 · confidence medium
In Lloyd v. State, 258 Ga. 645, 646 (2) ( 373 SE2d 1 ) (1988), the Georgia Supreme Court recognized that a “defendant is entitled, under the Sixth Amendment, to competent counsel who performs to *839 the standards expected in the legal profession when deciding whether or not to plead guilty.” (Citation omitted.) Id.
discussed Cited as authority (rule) Garland v. State
Ga. · 2008 · confidence medium
E.g., Trauth v. State, 283 Ga. 141 (3) ( 657 SE2d 225 ) (2008); Bailey v. State, 264 Ga. 300 ( 443 SE2d 836 ) (1994); Ponder v. State, 260 Ga. 840 (1) ( 400 SE2d 922 ) (1991); Lloyd v. State, 258 Ga. 645, n. 1 ( 373 SE2d 1 ) (1988); Smith v. State, 255 Ga. 654 (3) ( 341 SE2d 5 ) (1986).
examined Cited as authority (rule) Burch v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2008 · confidence medium
Lloyd, supra, 258 Ga. at 648 (2) (b).
discussed Cited as authority (rule) Hood v. State
Ga. · 2007 · confidence medium
Over the years, this Court has developed a policy of affording initial review by the trial court of a claim of ineffective assistance of counsel (see Ponder v. State, 260 Ga. 840 (1) ( 400 SE2d 922 ) (1991)) in the belief “the claim can be promptly resolved by the judge who presided over the trial as opposed to having it resolved by a habeas court somewhere down the road.” Lloyd v. State, 258 Ga. 645, n. 1 ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) State v. Greuber
Utah · 2007 · confidence medium
Caruso v. Zelinsky, 689 F.2d 435, 436 (3d Cir.1982); Cottle v. State, 733 So.2d 963, 965-66 (Fla.1999); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); Commonwealth v. Copeland, 381 Pa.Super. 382 , 554 A.2d 54, 55 (1988); Ex parte Wilson, 724 S.W.2d 72, 74 (Tex.Crim.App.1987); State v. James, 48 Wash.App. 353 , 739 P.2d 1161, 1165 (1987); and (3) ineffectiveness claims where counsel misadvised the defendant as to sentencing exposure due to incorrect calculations under the sentencing guidelines, misreading of the maximum sentence for a charge, or unawareness that the charges in question c…
discussed Cited as authority (rule) Terrell v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. 1 Escutia v. State, 277 Ga. 400, 402 (2) ( 589 SE2d 66 ) (2003). 2 Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 3 Kelly v. State, 267 Ga. 252, 253 (2) ( 477 SE2d 110 ) (1996). 4 Graham v. State, 269 Ga. App. 590, 594 (4) ( 604 SE2d 651 ) (2004). 5 Avans v. State, 251 Ga. App. 575, 576 ( 554 SE2d 766 ) (2001). 6 Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988). 7 Joiner v. State, 245 Ga. App. 415, 416 (3) ( 537 SE2d 792 ) (2000). 8 Brantley v. State, 271 Ga. App. 733, 737 (1) ( 611 SE2d 71 ) (2005). 9 Ney v. …
discussed Cited as authority (rule) McDaniel v. THE STATE
Ga. · 2005 · confidence medium
At the hearing on effectiveness, he continued to maintain his total innocence, and, on cross-examination, he acknowledged that he had not been “willing to enter a guilty plea to anything that would pin the death of [Thompson] on [him] . . . [including voluntary manslaughter.” This testimony “supports a finding, implicit in the trial court’s ruling, that counsel’s [alleged] unprofessional error did not affect the result.” (Emphasis in original.) Lloyd v. State, 258 Ga. 645, 649 (2) (b) ( 373 SE2d 1 ) (1988).
cited Cited as authority (rule) Himes v. State
Ga. Ct. App. · 2005 · confidence medium
Lloyd v. State, 258 Ga. 645, 646 (2) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Commonwealth v. Mahar (2×)
Mass. · 2004 · confidence medium
Caruso v. Zelinsky, 689 F.2d 435, 437 (3d Cir. 1982); Rasmussen v. State, 280 Ark. 472, 473-475 (1983); Cottle v. State, 733 So. 2d 963, 964-965 (Fla. 1999); Lloyd v. State, 258 Ga. 645, 646 (1988); Lyles v. State, 178 Ind. App. 398, 400 (1978); State v. Simmons, 65 N.C.
discussed Cited as authority (rule) Baskin v. State
Ga. Ct. App. · 2004 · confidence medium
Second, even if the evidence affirmatively showed that trial counsel did not give such encouragement or advice to Baskin, the Supreme Court of Georgia has explained that “[o]bjective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him.” Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2004 · confidence medium
To the extent that Jones is asserting that his counsel’s mistake prejudiced him in considering the state’s plea offer, “such prejudice can only be shown by some indication that [he] was amenable to the offer made by the state.” Lloyd v. State, 258 Ga. 645, 648 (2) (b) ( 373 SE2d 1 ) (1988).
examined Cited as authority (rule) Carson v. State (6×)
Ga. Ct. App. · 2003 · confidence medium
NOTES [1] Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [2] Howard v. State, 251 Ga.App. 243, 245 (7), 553 S.E.2d 862 (2001). [3] Sutton v. State, 263 Ga.App. 188, 190 (1), 587 S.E.2d 379 (2003.) [4] Lloyd v. State, 258 Ga. 645, 648 (2)(b), 373 S.E.2d 1 (1988). [5] Woods v. State, 275 Ga. 844, 846 (3), 573 S.E.2d 394 (2002). [6] Blouin v. State, 255 Ga.App. 788, 789 , 567 S.E.2d 39 (2002). [7] See OCGA § 17-10-6.1(a)(2). [8] See West v. Waters, 272 Ga. 591 (1), 533 S.E.2d 88 (2000); Young v. State, 245 Ga.App. 684, 686 (3), 538 S.E.2d 760 (2000); OCGA § 17-…
discussed Cited as authority (rule) Talbot v. State
Ga. Ct. App. · 2003 · confidence medium
In Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ) (1988), the Supreme Court held that failure to communicate a plea offer to the defendant and advise the defendant of the consequences of his or her choices amounts to “less than reasonably professional assistance.” (Footnote omitted.) And, “[w]hen there is at least an inference from the evidence that the defendant would have accepted a plea offer made by the State . . . ,-prejudice is shown. . . .” (Citation arid *16 punctuation omitted.) Avans v. State, 251 Ga. App. 575 ( 554 SE2d 766 ) (2001), citing Lloyd .
discussed Cited as authority (rule) Shabazz v. State
Ga. Ct. App. · 2003 · confidence medium
Compare also State v. Evans, 265 Ga. 332 ( 454 SE2d 468 ) (1995) (USCR 33.9 permits a trial court to learn the factual basis from material contained in other parts of the record so long as the trial court makes clear on the plea hearing record that he is relying on those parts of the record; the record of the guilty plea hearing would thus show the trial court’s awareness of the factual basis of the plea). 6 See, e.g., Gomillion v. State, 236 Ga. App. 14, 18 (3) (d) ( 512 SE2d 640 ) (1999). 7 Green v. State, 265 Ga. 263, 264 (2) ( 454 SE2d 466 ) (1995). 8 Id. at 265 . 9 (Citations and punctu…
discussed Cited as authority (rule) Patterson v. LeMaster (2×)
N.M. · 2001 · confidence medium
See Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989); Johnson v. Duck-worth, 793 F.2d 898 , 902 n. 3 (7th Cir.1986); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); Williams v. State, 326 Md. 367 , 605 A.2d 103, 109-10 (1992); see generally 3 Wayne R.
discussed Cited as authority (rule) State v. Donald (2×)
Ariz. Ct. App. · 2000 · confidence medium
See Cottle v. State, 733 So.2d 963, 966 (Fla.1999); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 2-3 (1988). .
cited Cited as authority (rule) Lowe v. State
Ga. Ct. App. · 1999 · confidence medium
Lloyd v. State, 258 Ga. 645, 646 (2) ( 373 SE2d 1 ).
cited Cited as authority (rule) Mann v. State
Ga. Ct. App. · 1999 · confidence medium
(Footnote omitted.) Lloyd v. State, 258 Ga. 645, 648 (2) (a) ( 373 SE2d 1 ).
discussed Cited as authority (rule) Cottle v. State (2×) also: Cited "see, e.g."
Fla. · 1999 · confidence medium
Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); see Rasmussen v. State, 280 Ark. 472 , 658 S.W.2d 867, 868 (1983) (finding duty to notify because any plea agreement is between accused and prosecutor); State v. Simmons, 65 N.C.App. 294 , 309 S.E.2d 493 (1983) (holding that such an allegation ordinarily states a claim).
discussed Cited as authority (rule) Williams v. Duffy (2×)
Ga. · 1999 · confidence medium
For counsel to do otherwise amounts to less than reasonably professional assistance." Lloyd v. State, 258 Ga. 645, 648 (2)(a), 373 S.E.2d 1 (1988).
examined Cited as authority (rule) Larochelle v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 1998 · confidence medium
Lloyd v. State, 258 Ga. 645, 646 (2), 647-648 ( 373 SE2d 1 ); Whitehead v. State, 211 Ga. App. 121, 122 ( 438 SE2d 128 ); Muff v. State, 210 Ga. App. 309, 310 (2), 311 ( 436 SE2d 47 ). 4.
discussed Cited as authority (rule) People v. Curry
Ill. · 1997 · confidence medium
Caruso v. Zelinsky, 689 F.2d 435, 438 (3d Cir. 1982); Lloyd v. State, 258 Ga. 645, 647 , 373 S.E.2d 1, 3 (1988); Lyles v. State, 178 Ind. App. 398, 401 , 382 N.E.2d 991, 994 (1978); State v. Simmons, 65 N.C.
discussed Cited as authority (rule) People v. Curry
Ill. · 1997 · confidence medium
Caruso v. Zelinsky , 689 F.2d 435, 438 (3d Cir 1982); Lloyd v. State , 258 Ga. 645, 647 , 373 S.E.2d 1, 3 (1988); Lyles v. State , 178 Ind. App. 398, 401 , 382 N.E.2d 991, 994 (1978); State v. Simmons , 65 N.C.
discussed Cited as authority (rule) Caine v. State (2×)
Ga. · 1996 · confidence medium
Glover v. State, 266 Ga. 183 (2) ( 465 SE2d 659 ) (1996); Lloyd v. State, 258 Ga. 645, fn. 1 ( 373 SE2d 1 ) (1988).
Retrieving the full opinion text from the archive…
Lloyd
v.
the State
45619.
Supreme Court of Georgia.
Oct 20, 1988.
373 S.E.2d 1
1988 Ga. LEXIS 418
Michael H. Dunn, for appellant., Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, Michael J. Bowers, Attorney General, Andrew S. Ree, for appellee.
Hunt.
Cited by 118 opinions  |  Published
Hunt, Justice.

On the previous appeal of her murder conviction, Bernice Mae Lloyd raised, for the first time, the question of the effectiveness of her trial counsel. Her conviction was affirmed by this court in Lloyd v. State, 257 Ga. 108 (355 SE2d 423) (1987), as to all issues except her ineffective assistance claim which was remanded to the trial court pursuant to our decision in Smith v. State, 255 Ga. 654 (341 SE2d 5) (1986). [1] Lloyd now appeals the trial court’s finding that her trial[*646] counsel was effective. The principal issue raised by her appeal is whether the failure of trial counsel to communicate a plea bargain, the terms of which were favorable compared to the result of the trial, rendered his services ineffective.

1. Lloyd’s complaint concerning her trial counsel’s cross-examination of witnesses and his failure to prevent the admission of the victim’s dying declaration were found by the trial court to be meritless and we affirm that decision.

2. That a plea bargain was offered to counsel but not communicated to Lloyd is undisputed. [2] The offer involved a plea of guilty to voluntary manslaughter in return for a fifteen-year sentence. The trial resulted in a murder conviction and a life sentence. Trial counsel’s explanation for failing to communicate the offer was his strong belief that she would be acquitted because of a persuasive battered woman’s syndrome defense. Lloyd v. State, supra, 257 Ga. at 108. The record is silent as to whether Lloyd would have accepted this or any other offer to plead. [3] The trial court found as a matter of fact and law that “counsel’s performance was reasonable under all these circumstances. Ford v. State, 255 Ga. 81 (8) [335 SE2d 567 (1985)] . . . .” For the reasons that follow, we affirm this holding.

Although the consequences of rejecting a guilty plea offer differ substantially from those consequences emanating from entering a guilty plea, [4] such a rejection without the knowledge and consent of the defendant will, in most instances, support a claim of ineffective assistance. The defendant is entitled, under the Sixth Amendment, to competent counsel who performs to the standards expected in the legal profession when deciding whether or not to plead guilty. Hill v. Lockhart, 474 U. S. 52 (106 SC 366, 370, 88 LE2d 203) (1985).

In Strickland v. Washington, 466 U. S. 668, 687-88 (104 SC 2052, 80 LE2d 674) (1984), the United States Supreme Court set out the[*647] test for weighing the merits of a claim of ineffective assistance of counsel: “When a convicted defendant complains of the ineffectiveness of counsel’s assistance, the defendant must show that counsel’s representation fell below the objective standard of reasonableness,” — that is, “reasonable considering all the circumstances.” Id. at 688. And, that

there is a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.

Id. at 694.

Employing this two-pronged test, we examine the merits of the claim before us.

a. Do objective professional standards dictate that defendant’s counsel, under the circumstances of her case, communicate the opportunity to plead guilty to voluntary manslaughter for a long-term sentence rather than go to trial on a murder indictment and risk a life sentence? In Strickland v. Washington, supra at 688, the Supreme Court suggested that “[prevailing norms of practice as reflected in American Bar Association standards and the like,. . ., are guides to determining what is reasonable, but they are only guides.” The ABA Standards, The Defense Function § 6.2 (a) A embodies a requirement to inform a defendant of an offer to plead guilty:

In conducting discussions with the prosecutor the lawyer should keep the accused advised of developments at all times and all proposals made by the prosecutor should be communicated promptly to the accused.

The commentary goes on to state:

Because plea discussions are usually held without the accused being present, there is a duty on the lawyer to communicate fully to his client the substance of the discussions. It is important that the accused be informed of proposals made by the prosecutor; the accused, not the lawyer, has the right to pass on prosecution proposals, even when a proposal is one which the lawyer would not approve. If the accused’s choice on the question of a guilty plea is to be an informed one, he must act with full awareness of his alternatives, including any that arise from proposals made by the prosecutor. [Emphasis supplied.]

Most other courts that have considered this question have held that[*648] the decision is one to be made by the defendant with the best advice of his counsel, and that the failure to communicate the offer of the prosecutor for the defendant’s consideration falls below the standard of care expected in the legal profession. Rasmussen v. State, 280 Ark. 472 (658 SW2d 867) (1983); People v. Whitfield, 239 NE2d 850 (Ill. 1968); Lyles v. Indiana, 178 Ind. App. 398 (382 NE2d 991) (1978); State v. Simmons, 65 N.C. App. 294 (309 SE2d 493) (1983); Commonwealth v. Napper, 385 A2d 521 (Pa. 1978); State v. James, 48 Wash. App. 353 (739 P2d 1161, 1166-67) (1987); Hanzelka v. State, 682 SW2d 385 (Tex. App. 1984); Tucker v. Holland, 327 SE2d 388 (W.Va. 1985); State v. Ludwig, 124 Wis2d 600 (369 NW2d 722, 727) (1985); United States v. Zelinsky, 689 F2d 435 (3rd Cir. 1982); Johnson v. Duckworth, 793 F2d 898 (7th Cir. 1986); Williams v. Arn, 654 FSupp. 226 (ND O. 1986). We agree. Objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him. For counsel to do otherwise amounts to less than reasonably professional assistance.* [5]

b. The defendant must further show that “but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, supra at 694. Logically, such prejudice can only be shown by some indication that the defendant was amenable to the offer made by the state. Several state courts have summarily resolved this by assuming the defendant would accept any plea offer which was favorable when compared to the actual outcome. See for example Lyles v. Indiana, supra, 382 SE2d at 994; People v. Whitfield, supra, 239 SE2d at 850; Hanzelka v. State, supra, 682 SW2d at 387. Other courts require a showing by the defendant that, prior to verdict, he evidenced an interest in pleading guilty and that he would have accepted the offer had he learned of it. See Rasmussen v. State, supra, 658 SW2d at 867; United States v. Zelinsky, supra, 689 F2d at 438; Johnson v. Duckworth, supra, 793 F2d at 902. We prefer to examine the facts of each case and grant relief where there is at least an inference from the evidence that the defendant would have accepted the offer as made or something similar. [6] Such an inference could be drawn even where the evidence is disputed or unclear on this question. Here, no such inference exists. Lloyd’s remand hearing yielded, on the contrary, the unmistakable[*649] conclusion that she would not have accepted or even considered the offer to plead guilty to voluntary manslaughter. Thus the evidence supports a finding, implicit in the trial court’s ruling, that counsel’s unprofessional error did not affect the result. The trial court’s conclusion that counsel was reasonably effective, as viewed by us from the Strickland perspective, is affirmed.

Decided October 20, 1988 Reconsideration denied November 9, 1988. Michael H. Dunn, for appellant. Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, Michael J. Bowers, Attorney General, Andrew S. Ree, for appellee.

Judgment affirmed.

All the Justices concur.
1

In Smith, we established the practice of remanding to the trial court the claim of ineffective assistance, when such claim was raised only on appeal. The advantage of this procedure is that the claim can be promptly resolved by the judge who presided over the trial as opposed to having it resolved by a habeas court somewhere down the road. From the denial[*646] of such remanded claim, the defendant may appeal directly back to this court. Compare OCGA § 5-6-35 (a) (7).

2

The prosecutor testified that he could not deny that such a discussion had taken place, but also stated that he always made a note in his file when an offer was extended and that no such note had been made.

3

Trial counsel implied that had he communicated the offer to Lloyd, he would have recommended against it. Even the trial judge commented that had he been on the jury, he would have voted to acquit.

4

There is a vast difference between what happens to a defendant when he pleads guilty as opposed to what occurs when a plea agreement is rejected. The rejection of a plea agreement, in most instances, will result in the defendant going to trial with all of the concomitant constitutional safeguards that are part and parcel of our judicial process. The defendant who pleads guilty, on the other hand, waives many of these protections,. . . Contrary to [defendant’s] contentions, there is a significant difference between the consequences emanating from a decision to reject a plea agreement and not plead guilty and the decision to enter a guilty plea.

Johnson v. Duckworth, 793 F2d 898, 900 (7th Cir. 1986).

5

See State v. Simmons, 309 SE2d 493, 498 (N.C. App. 1983), Johnson v. Duckworth, 793 F2d 898 (7th Cir. 1986).

6

Experience indicates that discussion between counsel and client as to one plea offer often leads to a discussion of alternative offers and frequently results in a compromise or “bargain.” This is particularly true in less serious cases. Because of our determination of no prejudice to Ms. Lloyd, we do not decide whether the appropriate remedy (where prejudice is shown) is to enforce the plea agreement or to grant a new trial.