Waye v. GeorgiaAnnotate this Case
Appellant Joe Lee Waye appealed the denial of his amended motion for out of-time appeal of his conviction and sentence on his plea of guilty to malice murder. In 1996, Waye entered a negotiated plea under which he pled guilty to one count of malice murder and was sentenced to life imprisonment for the 1991 murder of victim Tim Worley. In exchange for Waye’s plea, the State agreed to the dismissal of additional charges related to the murder (as well as separate pending drug charges) and agreed not to seek the death penalty. Twenty years later, Waye filed a pro se motion to correct his sentence. That motion was denied, and Waye did not initiate a timely appeal. Instead, Waye filed a pro se motion seeking leave to file an out-of-time direct appeal of his conviction, contending that his guilty plea was invalid. Subsequently, Waye amended his motion for out-of-time appeal, so that he could also seek leave to appeal the trial court’s denial of his motion to correct sentence. The trial court denied both motions. Finding no error with the trial court’s decision, the Georgia Supreme Court affirmed.