Alexander v. GeorgiaAnnotate this Case
Appellant Calvin Alexander pled guilty to three counts of aggravated child molestation, two counts of statutory rape, three counts of child molestation and two counts of enticing a child for indecent purposes pursuant to a nonnegotiated "Alford" plea. He was sentenced to 30 years on each count of aggravated child molestation with 15 years to be served in prison and the balance on probation; 15 years to serve on each of the statutory rape charges; and 15 years on each of the child molestation charges. After sentencing, appellant moved to withdraw his guilty plea on the ground of ineffective assistance of counsel, arguing trial counsel failed to advise him he would not be eligible for parole (because he was sentenced as a recidivist) and, if he had been so advised, he would not have pled guilty. At the hearing upon appellant's motion, trial counsel testified he had no recollection of having discussed parole eligibility with appellant. The trial court denied appellant's motion to withdraw his guilty plea and the Court of Appeals affirmed, holding it was constrained by the Georgia Supreme Court's ruling in "Williams v. Duffy," (513 SE2d 212 (1999)). The issue this case presented for the Supreme Court's review was whether "Williams v. Duffy" remained good law in light of the federal Supreme Court's decision in "Padilla v. Kentucky," (559 U.S. 356 (2010)). The Georgia Court concluded "Williams" was no longer good law and that it, and its progeny, had to be overruled.