Hooks v. Walley

791 S.E.2d 88, 299 Ga. 589, 2016 Ga. LEXIS 567
CourtSupreme Court of Georgia
DecidedSeptember 12, 2016
DocketS16A0660
StatusPublished
Cited by5 cases

This text of 791 S.E.2d 88 (Hooks v. Walley) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hooks v. Walley, 791 S.E.2d 88, 299 Ga. 589, 2016 Ga. LEXIS 567 (Ga. 2016).

Opinion

HINES, Presiding Justice.

Warden Brad Hooks appeals from the grant of Ray K. Walley’s application for a writ of habeas corpus after the habeas court’s ruling that Walley’s appellate counsel rendered ineffective assistance in failing to pursue a claim of ineffective assistance by trial counsel. For the reasons that follow, we reverse the grant of the writ of habeas corpus.

According to the record placed before the habeas court, Walley was indicted by a Forsyth County grand jury of one count of aggravated sexual battery and one count of child molestation. His original counsel in the trial court was Billy Spruell, but during what was scheduled to be a plea hearing on March 23, 2006, the trial court declared that it would allow Spruell to withdraw from representing Walley after Spruell stated to the court that he did not believe that it was in Walley’s best interest to plead guilty, and after Walley told the court that Spruell had not conveyed to him any plea offer from the State that included a recommendation that Walley be sentenced to serve five years in prison; at the hearing, the State’s articulated plea offer included a recommendation that he serve seven years in prison.1

[590]*590Walley was tried before a jury with new counsel, Charles Haldi, and convicted on both counts set forth in the indictment; he subsequently received a sentence totaling 20 years, of which 15 were to be served in prison, with the remainder to be served on probation. After trial, Walley was represented by Brian Steel, who raised various issues in an amended motion for new trial, which motion was denied; one of those issues was that Spruell failed to convey the plea offer to Walley, a claim he withdrew during the hearing on the amended motion. In an appeal to the Court of Appeals, Steel raised issues regarding the admission of evidence of a prior similar transaction, improper closing argument, and ineffective assistance of counsel on Haldi’s part related to jury instructions and closing argument. The Court of Appeals affirmed Walley’s convictions. Walley v. State, 298 Ga. App. 483 (680 SE2d 550) (2009).

In 2013, Walley petitioned for a writ of habeas corpus, alleging ineffective assistance on Steel’s part in that Steel abandoned a claim that Walley had been afforded ineffective assistance by Spruell, which claim was based on Walley’s assertion that Spruell did not communicate to Walley any plea offer of the State that, if accepted, would have resulted in Walley’s serving a five-year prison term. At the habeas corpus hearing, Spruell testified that he had presented the plea offer to Walley, but that he did not recall giving the State’s plea offer letter to Walley; Spruell also testified that Walley did not want to admit to the indictment’s allegations, desiring instead to enter an Alford2 plea, but that when he approached the State on that basis, the State revoked the five-year offer.3

As this Court has previously said,

[t]he United States Supreme Court in Strickland v. Washington, 466 U. S. 668 (104 SC[t] 2052, 80 LE2d 674) (1984) established the standard for ineffective assistance of counsel, and though the opinion is phrased in terms of ineffective assistance of trial counsel, it can be used as a basis for [591]*591establishing a standard for ineffective assistance of appellate counsel. The Strickland v. Washington standard consists of a two-prong analysis: first, counsel’s performance must have been deficient, and second, the deficiency must have prejudiced the defense. Battles v. Chapman, 269 Ga. 702 (1) (506 SE2d 838) (1998) (Citations omitted.).

Arrington v. Collins, 290 Ga. 603, 603-604 (724 SE2d 372) (2012) (Punctuation omitted.)

And, as to a complaint that appellate counsel failed to raise certain issues,

[i]t is the attorney’s decision as to what issues should be raised on appeal, and that decision, like other strategic decisions of the attorney, is presumptively correct absent a showing to the contrary by the defendant. The process of winnowing out weaker arguments on appeal and focusing on those more likely to prevail, far from being evidence of incompetence, is the hallmark of effective appellate advocacy. Accordingly, it has been recognized that in attempting to demonstrate that appellate counsel’s failure to raise a state [court] claim constitutes deficient performance, it is not sufficient for the habeas petitioner to show merely that counsel omitted a nonfrivolous argument, for counsel does not have a duty to advance every nonfrivolous argument that could be made. Rather, in determining under the first Strickland prong whether an appellate counsel’s performance was deficient for failing to raise a claim, the question is not whether an appellate attorney’s decision not to raise the issue was correct or wise, but rather whether his decision was an unreasonable one which only an incompetent attorney would adopt. [Cits.]

Arrington, supra at 604. When this Court reviews a habeas court’s decision on a question of ineffective assistance of appellate counsel, we accept the habeas court’s factual findings unless they are clearly erroneous, but we apply the law to those facts de novo. State v. Garland, 298 Ga. 482, 484 (1) (781 SE2d 787) (2016).

It is certainly true that trial counsel’s failure to convey a plea offer may form the basis of a claim that counsel’s performance was deficient so as to satisfy the first prong of the Strickland standard, see Missouri v. Frye, 566 U. S. 133 (132 SCt 1399, 182 LE2d 379) (2012), and that the failure to raise on appeal a valid claim of ineffective assistance of trial counsel based on the failure to convey a plea offer [592]*592may constitute ineffective assistance of appellate counsel. See Harris v. Upton, 292 Ga. 491, 492-493 (1) (739 SE2d 300) (2013). However, while part of Walley’s burden in the habeas court included showing that trial counsel failed to convey the plea offer, and was ineffective in doing so, those deficiencies alone do not demonstrate that appellate counsel was ineffective in failing to pursue a claim based upon trial counsel’s performance. Arrington, supra. And, on the question of Steel’s abandoning any claim of ineffective assistance on Spruell’s part in failing to convey the plea offer, it was Walley’s burden in the habeas court to overcome the presumption that Steel’s decision not to pursue such a ground was reasonable, and instead show that this “decision was an unreasonable one which only an incompetent attorney would adopt.” Id. And this Walley simply failed to do.

In its order granting Walley’s petition, the habeas court details in three pages its findings that Spruell rendered ineffective assistance of counsel in not properly conveying the plea offer to Walley, then simply states: “The evidence also shows ineffective assistance of appellate counsel Brian Steele [sic] for not pursuing this issue on appeal.” While certain findings may be implicit in an order, see Perkins v. Hall, 288 Ga. 810, 828 (IV) (708 SE2d 335) (2011), the record must nonetheless support the habeas court making such findings. See Clowers v. Sikes, 272 Ga. 463 (532 SE2d 98) (2000). And, the evidence presented to the habeas court did not enable it to conclude that Steel rendered ineffective assistance.

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Bluebook (online)
791 S.E.2d 88, 299 Ga. 589, 2016 Ga. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooks-v-walley-ga-2016.