Man who pleaded guilty in 2013 murder to get new hearing, state Supreme Court rules

The Georgia Supreme Court has ruled that a Macon man who pleaded guilty to murder in 2016 in the death of a Houston County woman will be afforded a new hearing to determine whether his trial attorney was ineffective.

Brandon Sherod Davis, 34, was sentenced to life in prison in the 2013 stabbing and beating death of 26-year-old Chassity Lester.

Two weeks after his guilty plea, Davis’ attorney filed a motion to withdraw the plea, alleging a “manifest injustice” based on the attorney’s ineffectiveness for failing to adequately investigate and prepare for trial, according to a case summary provided by a Supreme Court spokeswoman.

At a hearing on the motion, the judge reminded Davis that he’d indicated at his plea hearing that he was voluntarily entering his plea, that he’d had “sufficient” opportunity to discuss the case with his lawyer, and that he was satisfied with his attorney’s representation, according to the summary.

The judge said the request sounded like “buyer’s remorse” and denied the motion.

In Friday’s Supreme Court opinion, the judges noted that Davis was represented by the same lawyer during his guilty plea hearing and the hearing at which he sought to withdraw his plea.

Citing a 1991 court decision that ruled “an attorney cannot reasonably be expected to assert or argue his or her own ineffectiveness,” the court said Davis could not have raised a claim of ineffective assistance until he had a new attorney.

The court has remanded the case back to Bibb County for a new hearing on Davis’ ineffective assistance claim.

Authorities have said Lester left her mother’s home April 1, 2013, and drove to a house on Macon’s Flamingo Drive, where Davis was housesitting. She’d planned to talk with Davis about child support for their then-3-year-old daughter.

Lester’s body later was discovered on Fairgrounds Road in north Houston County.

This story was originally published June 30, 2017 at 1:08 PM with the headline "Man who pleaded guilty in 2013 murder to get new hearing, state Supreme Court rules."