case of establishing claim in Georgia

2021“Although the State generally bears the burden of establishing the validity of a plea on a motion to withdraw, [Walton] bears the burden in this case of establishing his claim of ineffective assistance of counsel.” Bailey v. State, 313 Ga. App. 824, 825 ( 723 SE2d 55 ) (2012). 3 (a) Walton first contends that he received ineffective assistance because his plea counsel did not inform him that he had an absolute right to withdraw his plea prior to sentencing.

2021“Although the State generally bears the burden of establishing the validity of a plea on a motion to withdraw, [Walton] bears the burden in this case of establishing his claim of ineffective assistance of counsel.” Bailey v. State, 313 Ga. App. 824, 825 ( 723 SE2d 55 ) (2012). 3 (a) Walton first contends that he received ineffective assistance because his plea counsel did not inform him that he had an absolute right to withdraw his plea prior to sentencing.

2025Bailey v. State, 313 Ga. App. 824, 825 ( 723 SE2d 55 ) (2012) (citation and punctuation omitted). “”[W]hen trial counsel’s failure to file a motion to suppress is the basis for a claim of ineffective assistance, the defendant must make a strong showing that the 22 damaging evidence would have been suppressed had counsel made the motion.” Hammett v. State, 288 Ga. App. 255, 256 (2) ( 652 SE2d 852 ) (2007).

2021Walton relies primarily on Nelson v. Wilkey, 309 Ga. 203, 209 (2) ( 845 SE2d 566 ) (2020), in which the Supreme Court of Georgia held that “a defendant’s right to effective assistance of counsel regarding his guilty plea includes the right to be advised about his absolute right to withdraw his guilty plea prior to sentencing and whether he should pursue such a remedy.” Here, unlike in Wilkey, Walton entered his guilty plea and was sentenced at the same hearing.

2021Walton relies primarily on Nelson v. Wilkey, 309 Ga. 203, 209 (2) ( 845 SE2d 566 ) (2020), in which the Supreme Court of Georgia held that “a defendant’s right to effective assistance of counsel regarding his guilty plea includes the right to be advised about his absolute right to withdraw his guilty plea prior to sentencing and whether he should pursue such a remedy.” Here, unlike in Wilkey, Walton entered his guilty plea and was sentenced at the same hearing.

2012Brown v. State, 280 Ga. App. 767, 771 (1) ( 634 SE2d 875 ) (2006) (on motion to withdraw based upon ineffective assistance of counsel, “defendant bears the burden of showing that, had it not been for his attorney’s deficient representation, a reasonable probability exists that he would have insisted on a trial”).

2012Brown v. State, 280 Ga. App. 767, 771 (1) ( 634 SE2d 875 ) (2006) (on motion to withdraw based upon ineffective assistance of counsel, “defendant bears the burden of showing that, had it not been for his attorney’s deficient representation, a reasonable probability exists that he would have insisted on a trial”).