Anthony P. Shedd v. State

Court of Appeals of Georgia

Anthony P. Shedd v. State

DecidedApril 7, 2022

DocketA22A0841

StatusPublished

This text of Anthony P. Shedd v. State (Anthony P. Shedd v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anthony P. Shedd v. State, (Ga. Ct. App. 2022).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 07, 2022

The Court of Appeals hereby passes the following order:

A22A0841. ANTHONY P. SHEDD v. THE STATE.

In 2017, Anthony P. Shedd pled guilty to three counts of child molestation. In 2021, Shedd filed a motion for out-of-time appeal, which the trial court denied. Shedd filed a timely application for discretionary appeal, which we granted under OCGA § 5-6-35 (j). See A22D0185 (Dec. 27, 2021). Shedd then filed this direct appeal.

After we granted Shedd’s discretionary application, the Supreme Court issued an opinion holding that a trial court lacks authority to grant an out-of-time appeal. See Cook v. State, __ Ga. __ (Case No. S21A1270, decided March 15, 2022); see also Rutledge v. State, __ Ga. __ (Case No. S21A1036, decided March 15, 2022). The Supreme Court expressly held that its ruling applied to all cases, including those currently on appeal that are not otherwise final. See Cook, __ Ga. __, __ (5) (slip op. at 82). The Supreme Court directed that we vacate the trial court’s ruling in such cases and remand with direction to dismiss the motion. In Rutledge, the Supreme Court clarified that, even when a motion for out-of-time appeal has been denied, the proper procedure is to vacate the denial order and remand the case in order for the trial court to enter a dismissal order. See Rutledge, __ Ga. __, __ (slip op. at 2). In keeping with the Supreme Court’s directives, the trial court’s order denying Shedd’s motion for out-of-time appeal is hereby VACATED and the case is REMANDED to the trial court, which is DIRECTED to enter an order dismissing Shedd’s motion for out-of-time appeal.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/07/2022 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 07, 2022

The Court of Appeals hereby passes the following order:

A22A0841. ANTHONY P. SHEDD v. THE STATE.

In 2017, Anthony P. Shedd pled guilty to three counts of child molestation. In 2021, Shedd filed a motion for out-of-time appeal, which the trial court denied. Shedd filed a timely application for discretionary appeal, which we granted under OCGA § 5-6-35 (j). See A22D0185 (Dec. 27, 2021). Shedd then filed this direct appeal.

After we granted Shedd’s discretionary application, the Supreme Court issued an opinion holding that a trial court lacks authority to grant an out-of-time appeal. See Cook v. State, __ Ga. __ (Case No. S21A1270, decided March 15, 2022); see also Rutledge v. State, __ Ga. __ (Case No. S21A1036, decided March 15, 2022). The Supreme Court expressly held that its ruling applied to all cases, including those currently on appeal that are not otherwise final. See Cook, __ Ga. __, __ (5) (slip op. at 82). The Supreme Court directed that we vacate the trial court’s ruling in such cases and remand with direction to dismiss the motion. In Rutledge, the Supreme Court clarified that, even when a motion for out-of-time appeal has been denied, the proper procedure is to vacate the denial order and remand the case in order for the trial court to enter a dismissal order. See Rutledge, __ Ga. __, __ (slip op. at 2). In keeping with the Supreme Court’s directives, the trial court’s order denying Shedd’s motion for out-of-time appeal is hereby VACATED and the case is REMANDED to the trial court, which is DIRECTED to enter an order dismissing Shedd’s motion for out-of-time appeal.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/07/2022 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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