Trauth v. State
| Decision Date | 11 February 2008 |
| Docket Number | No. S08A0282.,S08A0282. |
| Citation | 657 S.E.2d 225,283 Ga. 141 |
| Parties | TRAUTH v. The STATE. |
| Court | Georgia Supreme Court |
Penny Mane Penn, District Attorney, Thurbert E. Baker, Attorney General, Christopher Robert Johnson, Assistant Attorney General, for appellee.
Following the trial court's denial of his motion to withdraw his plea of guilty to the malice murder of his wife, Linda Sue Trauth,1 Louis Trauth, acting pro se, appeals, contending that his trial attorneys rendered ineffective assistance of counsel in advising him regarding his guilty plea. For the reasons set forth below, we affirm.
1. Trauth plead guilty to the malice murder of his wife on August 2, 2006.2 The facts, as set forth at the guilty plea hearing, show that, approximately two weeks before Trauth murdered his wife, she informed him that she was having an affair. On the day of the murder, Trauth made an audiotape in which he explained to his children that by the time they found the tape, he would have killed himself and his wife. The recording then stops, and, when it starts again, Trauth explains that he has murdered his wife and that he now intends to kill himself. Rather than committing suicide, however, Trauth called one of his daughters who, in turn, alerted the police. When police arrived at the Trauth's home, the body of Trauth's wife was discovered in the garage, and she had been shot twice in the head at close range. Police recovered a bullet from a couch cushion in an upstairs living room, and there was evidence that Trauth had tried to clean blood from the couch. A second bullet was found in the garage next to the body. Trauth fully admitted in the guilty plea hearing to the murder of his wife.
In addition to this evidence, the transcript of the hearing on Trauth's motion to withdraw his guilty plea shows that, in discussions with his attorneys following his arrest, Trauth provided additional details about the murder. Trauth explained that he initially shot his wife while she was sleeping on the upstairs couch. He then dragged her to the garage where he discovered that she was still alive and breathing. At that point, Trauth attempted to suffocate his wife with plastic sheeting, but, when that did not work, he shot her a second time. Shortly thereafter, police arrived at his home. Trauth again admitted this factual scenario at the hearing regarding his motion to withdraw his plea.
2. Trauth now contends that the trial court erred by denying his motion to withdraw his guilty plea, arguing that his trial attorneys were ineffective by failing to properly inform him about the possibility of a voluntary manslaughter defense, including such a defense based on committing a crime of passion. "[A] defendant who pleads guilty and seeks to overturn his conviction because of counsel's errors must show both that counsel's performance was deficient and that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." (Citations and punctuation omitted.). Harden v. Johnson, 280 Ga. 464, 629 S.E.2d 259 (2006).
The record does not support Trauth's contentions. It shows that both of Trauth's trial counsel discussed the possibility of a voluntary manslaughter defense with him in some detail. Trial counsel properly informed Trauth, however, that any such defense was a "long shot" given the facts of the case. They told Trauth, in any event, that he would have nothing to lose by going to trial and that they were prepared to do so. In fact, in order to investigate the possibility of any such manslaughter defense, Trauth's trial attorneys asked Dr. Dave Davis, a psychiatrist, to analyze Trauth's mental state, and they attempted to negotiate a deal with the State which would allow Trauth to enter a voluntary manslaughter plea deal. In addition, Trauth's attorneys reviewed the psychiatric report and informed Trauth that the conclusions therein were not particularly helpful to his chances of raising a viable voluntary manslaughter defense, given the factual scenario that he had described to them. Despite his attorneys' willingness to try his case, Trauth adamantly stated that he did not want to go to trial because he was clearly guilty of the offense and that he did not want to cause any further embarrassment to his family. Trauth reiterated this sentiment at his guilty plea hearing. Therefore, the record fully supports the trial court's conclusion that Trauth had full...
To continue reading
Request your trial
-
Garland v. State
...of ineffective assistance of trial counsel at the earliest practicable moment to avoid it being deemed waived. E.g., Trauth v. State, ___ Ga. ___(3), 657 S.E.2d 225 (2008); Bailey v. State, 264 Ga. 300, 443 S.E.2d 836 (1994); Ponder v. State, 260 Ga. 840(1), 400 S.E.2d 922 (1991); Lloyd v. ......
- Trauth v. State
-
Sims v. State
...422 S.E.2d 543 (1992). 12. Id. at 542(3), 422 S.E.2d 543. 13. 266 Ga. 183, 183-185(2), 465 S.E.2d 659 (1996). 14. Trauth v. State, 283 Ga. 141, 143(3), 657 S.E.2d 225 (2008), citing White v. Kelso, 261 Ga. 32, 401 S.E.2d 733 15. Had appellate counsel been allowed to withdraw in the three mo......
-
Seagraves v. State
... ... who pleads guilty and seeks to overturn his conviction because of counsel's errors must show both that counsel's performance was deficient and that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Trauth v. State , 283 Ga. 141, 142 (2), 657 S.E.2d 225 (2008) (citation and punctuation omitted).a. Ignoring Seagraves' request to withdraw plea ... Seagraves argues that his attorneys were ineffective because they ignored his request to withdraw his plea before the court pronounced sentence. At the hearing ... ...
-
Criminal Law - Franklin J. Hogue and Laura D. Hogue
...Ga. at 202, 657 S.E.2d at 843 (citing Strickland v. Washington, 466 U.S. 668(1984)). 144. Id., 657 S.E.2d at 844 (citing Trauth v. State, 283 Ga. 141, 143, 657 S.E.2d 225,227 (2008)). 145. Id. (citing Glover v. State, 266 Ga. 183, 184, 465 S.E.2d 659, 660 (1996)). 146. Id. at 203, 657 S.E.2......