Dos Santos v. State (2019)

See, e.g., Meheux v. State, 309 Ga. 857, 858-859 ( 848 SE2d 844 ) (2020) (vacating order ruling on merits of counseled defendant’s pro se motion for new trial); Ringold v. State, 309 Ga. 443, 445-446 ( 847 SE2d 181 ) (2020) (vacating order ruling on counseled defendant’s pro se motion to withdraw plea); Pounds v. State, 309 Ga. 376, 384 (4) ( 846 SE2d 48 ) (2020) (holding that trial court was not authorized to rule on counseled defendant’s pro se motion for new trial); Ricks…

“And when time is tight, plea counsel may protect their client’s interests by filing a timely, bare-bones ‘placeholder’ motion to withdraw guilty plea, which — unlike an untimely motion or an inoperative motion filed pro se by the still-represented client — meets the filing deadline and might be amended later (by conflict-free new counsel if necessary).” Id. at 159 (5). later filed a purported “amended” motion to withdraw guilty plea in August 2013, that motion was filed wel…

In August 2014, the trial court 1A placeholder motion to withdraw a guilty plea is also often filed, but the deadline for such a motion is the end of the term of court in which sentence is imposed, “which may be as short as the same day or as long as seven months.” Dos Santos v. State, 307 Ga. 151, 158 (5) (834 SE2d 733) (2019). 8 ordered that Dougherty be brought to court for a motions calendar on September 17, 2014.

Neal v. State, 232 Ga. 96, 96 (205 SE2d 284) (1974) (citations omitted).15 14 See Dos Santos v. State, 307 Ga. 151, 159 (5) (834 SE2d 733) (2019). 15 Originally, the Code section providing the grounds for habeas relief provided: “Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the …

As the Supreme Court of Georgia has recently reaffirmed, “at a minimum, legal representation continues – unless interrupted by entry of an order allowing counsel to withdraw or compliance with the requirements for substitution of counsel, – through the end of the term at which a trial court enters a judgment of conviction and sentence on a guilty plea.” (Citation and punctuation omitted.) Dos Santos v. State, 307 Ga. 151, 153 (2) ( 834 SE2d 733 ) (2019).

A layperson does not have the right to represent herself and also be represented by an attorney.1 As a result, a party cannot “attempt to represent herself by filing pro se pleadings, while at the same time she is represented by counsel of record.”2 Indeed, a formal withdrawal of counsel “cannot be accomplished until after the trial court 1 See generally Dos Santos v. State, 307 Ga. 151, 154 (3) ( 834 SE2d 733 ) (2019) (explaining that appellant had no right to represent her…

In Georgia, a defendant who pleads guilty to criminal charges has “the right to timely pursue post-conviction remedies, including . . . an appeal.” Dos Santos v. State, 307 Ga. 151, 156 (5) ( 834 SE2d 733 ) (2019).

For example, in Dos Santos v. State, 307 Ga. 151, 159 (5) ( 834 SE2d 733 ) (2019), we noted that the time within which a defendant may timely file a motion to withdraw a guilty plea depends on how many days are left within the term of court, and the remaining time could be as short as a day.

Within the same term of court, Oladunni filed a timely motion to withdraw his guilty plea, Dos Santos v. State, 307 Ga. 151, 158 (5) ( 834 SE2d 733 ) (2019), and a timely motion in arrest of judgment.

See id. at 384 (4); Dos Santos v. State, 307 Ga. 151, 155 (3) n.4 ( 834 SE2d 733 ) (2019).

As we have recently held, “[d]efendants who plead guilty to criminal charges in Georgia courts have the right to timely pursue post- conviction remedies, including a motion to withdraw the guilty plea and an appeal.” Dos Santos v. State, 307 Ga. 151, 156 (5) ( 834 SE2d 733 ) (2019).

And she alleges that she was abandoned by her plea counsel immediately after sentencing, throughout the 30 days she had to file a direct appeal and the term of court during which she might withdraw her guilty plea. “[D]efense counsel’s duties toward their clients extend for at least the 30 days after the entry of judgment when a notice of appeal may be filed.” Dos Santos v. State, 307 Ga. 151, 153 (2) ( 834 SE2d 733 ) (2019) (citation and punctuation omitted).

See Ricks v. State, 307 Ga. 168, 168 ( 835 SE2d 179 ) (2019) (holding that the trial court should have dismissed rather than denied a motion that was unauthorized and a nullity and explaining that we therefore had to vacate the trial court’s order and remand with direction to dismiss the motion); Dos Santos v. State, 307 Ga. 151, 153 ( 834 SE2d 733 ) (2019) (same).

See Ricks v. State, 307 Ga. 168, 169 ( 835 SE2d 179 ) (2019) (citing Dos Santos v. State, 307 Ga. 151, 154 ( 834 SE2d 733 ) (2019)); Howard v. State, 307 Ga. 12 , 12 n.1 ( 834 SE2d 11 ) (2019). 2 As explained more below in Division 4, the “amended motion for new trial” was not actually an amended motion because a void legal filing (such as the pro se motion Pounds filed while still represented by counsel here) cannot be amended.

See Dos Santos v. State, 307 Ga. 151, 156 n.5 (834 SE2d 733) (2019); Bonner v. State, 310 Ga. 426, 427 (851 SE2d 578) (2020). 13 denial of the motion instead.

Accord Dos Santos v. State, 307 Ga. 151, 153 ( 834 SE2d 733 ) (2019).

See Dos Santos v. State, 307 Ga. 151 , 154 11 (3) ( 834 SE2d 733 ) (2019); Tolbert v. Toole, 296 Ga. 357, 362 (3) ( 767 SE2d 24 ) (2014).

See Dos Santos v. State, 307 Ga. 151, 154 (3) ( 834 SE2d 733 ) (2019).