Township of Belleville v. Fornarotto

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reiterating that a defendant has a right to counsel for a timely motion to withdraw a guilty plea and an appeal from the denial of such a motion
• explaining that “Georgia courts may excuse compliance” with the statutory time requirement for filing a notice of appeal “where necessary to avoid or remedy a constitutional violation concerning the appeal, such as when counsel was ineffective in filing the notice of appeal”
• counsel’s performance is deficient where counsel fails to follow the defendant’s express instructions with respect to an appeal
• “For a defendant who did not receive his first appeal of right because of his counsel’s ineffective assistance, the remedy is an out-of-time appeal.”
• “‘[W]hen counsel’s constitutionally deficient performance deprives a defendant of an appeal that he otherwise would have taken,’ the defendant is entitled to an appeal because he effectively has been deprived of an appellate proceeding altogether.”
• defendant timely moved to withdraw his guilty plea

Source: CourtListener parenthetical corpus (CC0).