Davis v. State

• Decision Date: 20 May 2019
• Docket Number: S19A0308
• Citation: 828 S.E.2d 298,305 Ga. 851
• Parties: DAVIS v. The STATE.
• Court: Georgia Supreme Court

305 Ga. 851
828 S.E.2d 298

DAVIS
v.
The STATE.

S19A0308

Supreme Court of Georgia.

Decided: May 20, 2019

Deborah Rea Whitlock, DEBORAH WHITLOCK ATTORNEY AT LAW, P.O. Box 310, Toccoa, Georgia 30577, Bentley C. Adams, III, ATTORNEY AT LAW, 4121 Rice Street, Number 2609, Lihue, Hawaii 96766, for Appellant.

Jonathan Lang Adams, District Attorney, TOWALIGA CIRCUIT DISTRICT ATTORNEY'S OFFICE, 625 W 3rd Street, Suite 8, Jackson, Georgia 30233, Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Cynthia Trimboli Adams, A.D.A., Elizabeth Knight Bobbitt, A.D.A., TOWALIGA CIRCUIT DISTRICT ATTORNEY'S OFFICE, 326 Thomaston Street, Barnesville, Georgia 30204, for Appellee.

Bethel, Justice.

305 Ga. 851

Nearly twenty years ago, Appellant Donald Davis pleaded guilty to the murder of Shereka Smith and was convicted and sentenced. Davis did not timely pursue a direct appeal. Following his unsuccessful pursuit of a writ of habeas corpus, he filed a motion for an out-of-time appeal of his conviction, which the trial court denied. Davis now appeals that denial. For the reasons set forth below, we affirm.

On December 17, 1999, a Monroe County grand jury indicted Davis on charges of murder, felony murder predicated on aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony after having been convicted of a previous felony involving the use or possession of a firearm. After evaluation, Davis was determined competent to stand trial.

On April 25, 2000, Davis, who was represented by counsel, entered a guilty plea on the murder charge. The transcript of the plea hearing shows that, in support of Davis’s plea, the following factual basis was presented to the trial court: Davis and his victim, Shereka Smith, were romantically involved and had lived together before separating in August 1999. After their separation, violence and discord continued between them. On October 4, 1999, Smith, accompanied by her niece, went to the Monroe County courthouse to take out a warrant on Davis, who was on parole at the time. Davis, knowing that Smith’s actions would lead to his incarceration,

305 Ga. 852

intercepted the two women on the courthouse square and, from close range, fired four or five shots at Smith,...