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Burch v. State

4 Citing cases

  1. Collier v. State

    307 Ga. 363 (Ga. 2019)   Cited 78 times
    Holding that trial court abuses its discretion by not making factual inquiry as to whether "counsel was responsible for the failure to pursue a timely appeal" (citation and punctuation omitted)

    nnefield v. State , 304 Ga. 491, 492 (2), 819 S.E.2d 10 (2018) ; Frisby v. State , 304 Ga. 271, 274 (2), 818 S.E.2d 543 (2018) ; Usher v. State , 303 Ga. 622, 622-623, (814 S.E.2d 363) (2018) ; Snelson v. State , 303 Ga. 504, 506-507, 813 S.E.2d 357 (2018) ; Deloney v. State , 302 Ga. 142, 145 (2), 805 S.E.2d 881 (2017) ; Houston v. State , 302 Ga. 35, 36 (2), 805 S.E.2d 34 (2017) ; Henderson v. State , 300 Ga. 526, 527 (1), 796 S.E.2d 681 (2017) ; Mims v. State , 299 Ga. 578, 579-581 (1), 787 S.E.2d 237 (2016) ; Hudson v. State , 298 Ga. 536, 537-538 (3), 783 S.E.2d 130 (2016) ; Freeman v. State , 297 Ga. 146, 148 (1), 771 S.E.2d 889 (2015) ; Wetherington v. State , 296 Ga. 451, 453-454 (1), 769 S.E.2d 53 (2015) ; Rhodes v. State , 296 Ga. 418, 420-421 (2), 768 S.E.2d 445 (2015) ; Coulter v. State , 295 Ga. 699, 700-701 (1), 763 S.E.2d 713 (2014) ; Grace v. State , 295 Ga. 657, 658-659 (2) (b), 763 S.E.2d 461 (2014) ; Hagan v. State , 294 Ga. 716, 717-718 (3), 755 S.E.2d 734 (2014) ; Burch v. State , 293 Ga. 816, 750 S.E.2d 141 (2013) ; Lewis v. State , 293 Ga. 544, 548 (2), 748 S.E.2d 414 (2013) ; Henderson v. State , 293 Ga. 6, 7-8 (2), 743 S.E.2d 19 (2013) ; Stephens v. State , 291 Ga. 837, 837-840 (2), (4), 733 S.E.2d 266 (2012) ; Gibson v. State , 290 Ga. 516, 517 (2) (b), 722 S.E.2d 741 (2012) ; Brown v. State , 290 Ga. 321 (2), 322 (5), 720 S.E.2d 617 (2012) ; Upperman v. State , 288 Ga. 447, 448 (1), 705 S.E.2d 152 (2011) ; Smith v. State , 287 Ga. 391, 404-405 (4), 697 S.E.2d 177 (2010) ; Johnson v. State , 286 Ga. 432, 432-433, 687 S.E.2d 833 (2010) ; Clayton v. State , 285 Ga. 404, 406, 677 S.E.2d 126 (2009) ; Barlow v. State , 282 Ga. 232, 233, 647 S.E.2d 46 (2007) ; Turner v. State , 281 Ga. 435, 436 (2), 637 S.E.2d 384 (2006) ; Heard v. State , 280 Ga. 348, 348-349 (1), 627 S.E.2d 12 (2006) ; Johnson v. State , 275 Ga. 390, 391 (1), (2), 565 S.E.2d 805 (2002) ; Barnes v. State , 274 Ga. 783, 559 S.E.2d 446 (2002) ; Baker v. State , 273 Ga. 842, 843 (3), 545 S.E.2d 879 (2001) ; Grimmette v. State , 273

  2. Mims v. State

    299 Ga. 578 (Ga. 2016)   Cited 22 times
    Holding that, although the transcript of the guilty plea hearing did not show that the defendant was apprised of his privilege against self-incrimination and the right to confrontation, documents in the record of the plea, including a written plea and acknowledgment of waiver of rights, certification of trial counsel, and a contemporaneous order of the trial court, refuted appellant's claim that he was not advised of his privilege against self-incrimination and the right to confrontation

    Because an out-of-time appeal is a remedy for the loss of an appeal of right, “a defendant is not entitled to an out-of-time appeal unless he had the right to file a direct appeal.” Burch v. State , 293 Ga. 816, 816, 750 S.E.2d 141 (2013) (citation and punctuation omitted). See also Henderson v. State , 293 Ga. 6, 7, 743 S.E.2d 19 (2013).

  3. Beasley v. State

    298 Ga. 49 (Ga. 2015)   Cited 6 times

    For this reason, the ability to decide the appeal based on the existing record is the deciding factor in determining the availability of an out-of-time appeal when the defendant has pled guilty.Burch v. State, 293 Ga. 816, 750 S.E.2d 141 (2013) (Citations and punctuation omitted.) There is no evidence of record that there was any information at the plea hearing that would raise a bona fide doubt regarding Beasley's competence, and thus no error on the trial court's part in failing to conduct, sua sponte, a hearing regarding his competence.

  4. Smith v. State

    335 Ga. App. 639 (Ga. Ct. App. 2016)   Cited 4 times
    Vacating defendant's guilty pleas to robbery and theft by both receiving and retaining and remanding the case for further proceedings as to those counts

    For this reason, the ability to decide the appeal based on the existing record is the deciding factor in determining the availability of an out-of-time appeal when the defendant has pled guilty. Burch v. State, 293 Ga. 816, 816, 750 S.E.2d 141 (2013) (citation and punctuation omitted). The trial court correctly found that both of Smith's claims can be resolved solely by reference to the existing record.