Schoicket v. Georgia
Annotate this CaseRebecca Schoicket was granted an out-of-time appeal to appeal the judgment of conviction entered on her guilty plea. In addition to challenging her sentence on one count, she argued the out-of-time appeal she was granted meant that the trial court should have granted her motion for leave to file an otherwise untimely motion to withdraw her guilty plea. Schoicket argued that Collier v. Georgia, 834 SE2d 769 (2019), recognized that it would be a “logical extension” of Georgia case law to permit the filing of such a motion, because the Georgia Supreme Court has stated that the grant of an out-of-time appeal started the post-conviction process “anew.” The Supreme Court determined Schoicket was correct in that appraisal of Georgia case law, but the Court declined to extend it to afford her the relief she sought. "Allowing such a grant to then permit the movant to file a motion to withdraw a guilty plea would be an unwarranted windfall with potentially profound consequences for our criminal justice system." Accordingly, the Court affirmed the trial court's denials of Schoicket's motion for leave to pursue such relief. However, because the Court agreed with Schoicket that the sentencing court erred in sentencing as to one count, that count was vacated and remanded for resentencing.
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