Moore v. Georgia

May 21, 2018 by Justia

In 1977, Carzell Moore was convicted of the rape and murder of Teresa Allen, and sentenced to death. In a federal habeas corpus case, Moore was granted a new sentencing proceeding. In the course of the new state sentencing proceeding, the State filed notice of its intent to seek the death penalty; Moore moved in the trial court to bar the State from seeking the death penalty, the trial court denied the motion, and this Court affirmed. In 2002, assisted by counsel, Moore pled guilty to rape and malice murder, and was sentenced to life imprisonment without the possibility of parole. In 2017, acting pro se, Moore filed a motion for an out-of-time appeal, alleging that the sentence of life without the possibility of parole was void, that his sentence contravened public policy, and that counsel who represented him during the 2002 plea and sentencing hearing was ineffective; Moore also moved that venue be changed to the Superior Court of Monroe County, which was granted. In September 2017, addressing Moore’s motion for an out-of-time appeal, the Superior Court of Monroe County denied the motion, finding that Moore had elected to enter his guilty pleas and accept a sentence of life imprisonment without the possibility of parole after discussing the matter with counsel “for some time prior to the hearing.” The court also found that the sentence was not a void sentence, did not contravene public policy, and that Moore was not prejudiced by the sentence, as the State intended to seek the death penalty and Moore benefitted from the pleas by not having to face it. Moore did not file a notice of appeal of the September 2017 order; rather, in October 2017, he filed in the trial court what he styled an “Amended Motion for Out of Time Appeal.” The court rejected the motion, finding that it was untimely in light of the trial court’s September 20, 2017 denial of the initial motion; as to the merits, the court also ruled that there was no violation of Moore’s due process rights during the 2002 hearing, and that Moore’s 2002 trial counsel was not ineffective. Moore appealed the rejection of his “Amended Motion for Out of Time Appeal.” Finding no reversible error, the Georgia Supreme Court affirmed the rejection of Moore's Out of Time Appeal. View "Moore v. Georgia" on Justia Law