Former Piedmont Judicial Circuit district attorney Tim Madison wants to withdraw his guilty plea from 2008.
Madison plead guilty in March 2008 to seven counts of theft while serving as district attorney and was sentenced to 11 years — six to be served in custody and the rest on probation.
Madison served as DA for Barrow, Jackson and Banks counties and was sentenced in Banks County for the theft. The scheme involved having an assistant district attorney double-paid by two counties and then Madison received a kickback from those extra funds.
But in a March court filing in Banks County, Madison claimed that he only pled guilty because he was told by his attorney, Ed Tolley, that he would serve his time in federal custody, not state custody. Madison now claims that Tolley “acted deficiently” and that he would not have pled guilty had he known his time would be served in state custody.
No hearing date has been set in the motion. All three Superior Court Judges of the Piedmont Judicial Circuit have recused themselves from hearing the case. Senior Judge Marvin Sorrells has been appointed to hear the motion.
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