Malverty v. Georgia

Brian Malverty appealed the denial of his motion for an out-of-time appeal. He was indicted in 1985 for murder, felony murder, and related offenses in connection with the deaths of Charles West and Rickey Sims. In December 1986, Malverty pled guilty to two counts of felony murder and was sentenced to concurrent life terms. In January 2016, Malverty filed a motion for an out-of-time appeal of his guilty plea, but the motion was denied; Malverty filed a timely notice of appeal to this Court. Malverty argued he was entitled to an out-of-time appeal because, he argued, the September 1985 indictment was defective. The Georgia Supreme Court found this argument was without merit. He also claimed the trial court failed to rule on a succession of motions he filed; the Supreme Court determined the only judicial remedy for the trial court's alleged violation of OCGA 15-6-21 was an application for mandamus relief. View "Malverty v. Georgia" on Justia Law