DeToma v. Georgia
Annotate this CaseThe Supreme Court upheld the conviction and life prison sentence with no chance for parole given to Gary DeToma for the murder of his 5-year-old son, Gary DeToma, Jr. According to the State, DeToma planned to kill his sons and himself after it became increasingly likely that he would lose custody of his sons in a contentious divorce proceeding. DeToma sought to withdraw his guilty plea, which he had entered to avoid the death penalty. In response to a co-worker's knock at DeToma's residence, 4-year-old William partially opened the chained door. Concerned that the young child appeared to be alone in the apartment, the co-worker broke the chain lock and entered. He found Gary, Sr., lying passed out on a bed alongside Gary, Jr., who had a plastic bag tied around his head. The co-worker grabbed the little boy and ran outside where he tried to revive him, but Gary, Jr. was dead.The trial court denied DeToma's motion to withdraw his plea. DeToma then appealed to the Supreme Court, arguing his guilty plea was not "freely and voluntarily" given. Upon review, the Supreme Court found that "record amply support[ed] the trial court's determination that DeToma pled guilty ‘knowingly, voluntarily, intelligently and without coercion.'"
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