The Georgia Court of Appeals dismissed Quentin Hill’s appeal from the denial of his motion for leave to file an out-of-time motion for new trial, holding it lacked jurisdiction because Hill had already had a direct appeal and did not qualify for relief under the newly enacted OCGA § 5-6-39.1.
The Fifth District vacated a guilty plea to criminal mischief, holding that the trial court completely failed to inform the defendant that a guilty plea is a complete admission of guilt as required by Crim.R. 11(E), making a prejudice showing unnecessary.
The Third District affirmed a conviction under R.C. 4511.204, Ohio’s distracted driving statute, rejecting constitutional challenges based on equal protection, due process, and vagueness, and holding that holding a phone for GPS navigation while driving violates the statute.
The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.
The Twelfth District reversed a murder sentence that included ‘lifetime parole supervision,’ holding that no Ohio statute authorizes a trial court to impose such a condition and clarifying the distinction between imposing parole terms and notifying defendants of parole eligibility.
The Twelfth District reversed the trial court’s denial of a noncitizen defendant’s motion to withdraw his no-contest plea, holding that the court was required to apply the Strickland two-prong test when the motion was premised on counsel’s failure to advise of immigration consequences under Padilla v. Kentucky.
The Georgia Court of Appeals affirmed the trial court’s denial of a defendant’s motion to withdraw his guilty pleas, finding that plea counsel adequately informed him of recidivist sentencing consequences and parole ineligibility.