Crowder v. State, 461 S.E.2d 865 (Ga. 1995). · Go Syfert
Crowder v. State, 461 S.E.2d 865 (Ga. 1995). Cases Citing This Book View Copy Cite
10 citation events (4 in the last 25 years) across 2 distinct courts.
Cited for
265 Ga. at 720 trial court correctly denied motion for out-of-time appeal, having previously rejected defendant’s claim of ineffective counsel in ruling on prior motion for out-of-time appeal1 citing case1 citing court put it this way
  • Brooks v. State, 804 S.E.2d 1 (Ga. 2017).published 2 cites
    (trial court correctly denied motion for out-of-time appeal, having previously rejected defendant’s claim of ineffective counsel in ruling on prior motion for out-of-time appeal)
Retrieving the full opinion text from the archive…
Crowder
v.
the State
S95A1310.
Supreme Court of Georgia.
Sep 11, 1995.
Published opinion
461 S.E.2d 865
Murder. Lowndes Superior Court. Before Judge McLane., Donald T. Crowder, pro se., H. Lamar Cole, District Attorney, for appellee.
Hunstein.
Cited by 5 opinions  |  Published
Hunstein, Justice.

Donald T. Crowder pled guilty to two counts of murder arid was sentenced to life imprisonment in October 1991. No appeal was taken from the conviction. In June 1993, Crowder moved pro se for an out-of-time appeal, alleging that his guilty plea was not voluntarily made and that counsel had been ineffective. The trial court denied the motion and no appeal was taken from that ruling. Crowder filed a second motion for out-of-time appeal in July 1993; that motion was denied October 1993; no appeal was taken therefrom. Crowder filed a third motion for out-of-time appeal in February 1995. The trial court denied the motion on the basis that Crowder had shown the court no reasonable grounds for the allowance of an out-of-time appeal. Crowder appeals pro se from that ruling.

While an out-of-time appeal may be appropriate where, due to error of counsel, no appeal has been taken, see Rowland v. State, 264 Ga. 872 (2) (452 SE2d 756) (1995), that is not the case here because the issue of ineffective assistance of counsel was decided adversely to appellant in the ruling on his first motion for out-of-time appeal and that judgment is conclusive on the issue. Hunter v. State, 260 Ga. 762 (399 SE2d 921) (1991). The trial court correctly denied Crowder’s motion for out-of-time appeal.

Judgment affirmed.

All the Justices concur. [*720] H. Lamar Cole, District Attorney, for appellee.