Winfrey v. Georgia

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Appellant Jimmy Winfrey pled guilty to six counts of violating Georgia’s Street Gang Terrorism Prevention Act in connection with a drive-by shooting of rapper “Lil Wayne’s” tour bus on Interstate 75. Winfrey appealed, arguing that the trial judge improperly participated in plea negotiations in violation of Uniform Superior Court Rule 33.5 (A) and that his plea was involuntary on the basis of that participation. After review, the Georgia Supreme Court agreed, and therefore reversed Winfrey's convictions. "Taken in their entirety, the trial court’s repeated comments communicated to Winfrey, albeit implicitly, that if he rejected the plea offer and was found guilty by a jury, then he would - not merely may or could - receive a harsher sentence. We must conclude in light of these comments that Winfrey’s guilty plea was involuntary." View "Winfrey v. Georgia" on Justia Law