Cedric Kimbrough v. State

Court of Appeals of Georgia

Cedric Kimbrough v. State

DecidedJanuary 11, 2016

DocketA16A0653

StatusPublished

This text of Cedric Kimbrough v. State (Cedric Kimbrough 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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Cedric Kimbrough v. State, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 23, 2015

The Court of Appeals hereby passes the following order:

A16A0653. CEDRIC KIMBROUGH v. THE STATE.

Cedric Kimbrough was convicted for selling cocaine and cocaine trafficking, and his conviction was affirmed on appeal. See Kimbrough v. State, 215 Ga. App. 303 (450 SE2d 457) (1994). Kimbrough subsequently filed a motion to “vacate/correct void sentence,” which the trial court denied. Kimbrough appealed the ruling, and we vacated the ruling and remanded to the trial court to dismiss rather than deny the motion. See Kimbrough v. State, 325 Ga. App. 519 (754 SE2d 109) (2014). Following remittitur, the trial court entered an order dismissing the motion, and Kimbrough filed this appeal.1 Kimbrough has already had one appeal in this Court in which he challenged the legality of his sentence. He is not entitled to another. “It is axiomatic that the same issue cannot be relitigated ad infinitum. The same is true of appeals of the same issue on the same grounds.” Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464) (2000); see also Jordan v. State, 253 Ga. App. 510, 511 (2) (559 SE2d 528) (2002). Our ruling in the prior appeal is res judicata. See Hook v. Bergen, 286 Ga. App. 258, 261 (1) (649 SE2d 313) (2007). Thus, Kimbrough is estopped from seeking further judicial review on this issue. See id.; see also Ross v. State, 310 Ga. App. 326, 328 (713 SE2d 438) (2011) (law of the case rule bars successive void sentence appeals). Accordingly, this appeal is hereby DISMISSED.

1 Kimbrough filed his appeal in the Supreme Court, which transferred the matter to this Court. Court of Appeals of the State of Georgia 12/23/2015 Clerk’s Office, Atlanta,____________________ 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,____________________ December 23, 2015

The Court of Appeals hereby passes the following order:

A16A0653. CEDRIC KIMBROUGH v. THE STATE.

Cedric Kimbrough was convicted for selling cocaine and cocaine trafficking, and his conviction was affirmed on appeal. See Kimbrough v. State, 215 Ga. App. 303 (450 SE2d 457) (1994). Kimbrough subsequently filed a motion to “vacate/correct void sentence,” which the trial court denied. Kimbrough appealed the ruling, and we vacated the ruling and remanded to the trial court to dismiss rather than deny the motion. See Kimbrough v. State, 325 Ga. App. 519 (754 SE2d 109) (2014). Following remittitur, the trial court entered an order dismissing the motion, and Kimbrough filed this appeal.1 Kimbrough has already had one appeal in this Court in which he challenged the legality of his sentence. He is not entitled to another. “It is axiomatic that the same issue cannot be relitigated ad infinitum. The same is true of appeals of the same issue on the same grounds.” Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464) (2000); see also Jordan v. State, 253 Ga. App. 510, 511 (2) (559 SE2d 528) (2002). Our ruling in the prior appeal is res judicata. See Hook v. Bergen, 286 Ga. App. 258, 261 (1) (649 SE2d 313) (2007). Thus, Kimbrough is estopped from seeking further judicial review on this issue. See id.; see also Ross v. State, 310 Ga. App. 326, 328 (713 SE2d 438) (2011) (law of the case rule bars successive void sentence appeals). Accordingly, this appeal is hereby DISMISSED.

1 Kimbrough filed his appeal in the Supreme Court, which transferred the matter to this Court. Court of Appeals of the State of Georgia 12/23/2015 Clerk’s Office, Atlanta,____________________ 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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