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Felder v. State

561 S.E.2d 88, 274 Ga. 870
CourtSupreme Court of Georgia
DecidedMarch 11, 2002
DocketS02A0540, S02A0600
StatusPublished
Cited by9 cases

This text of 561 S.E.2d 88 (Felder v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felder v. State, 561 S.E.2d 88, 274 Ga. 870 (Ga. 2002).

Opinion

Hunstein, Justice.

Lorenzo Felder was convicted in Crisp County in March 1998 of felony murder based upon the underlying felony of armed robbery. We affirmed his conviction in Felder v. State, 270 Ga. 641 (514 SE2d 416) (1999). John Coy Ward was convicted in Butts County in September 1998 of felony murder based upon the underlying felony of *871 aggravated assault. We affirmed his conviction in Ward v. State, 271 Ga. 648 (520 SE2d 205) (1999). In November 2001, while both men were incarcerated in Ware County, they each filed motions to “Hold Void Judgments Mere Nullity and to Expunge Such Void and Null Judgments” in the counties where they had been convicted. Looking at the substance of the motions rather than their nomenclature, the motions did not seek to vacate a void sentence, see OCGA § 17-9-4, but rather constituted improper attempts by Felder and Ward to obtain a second appeal from their convictions. Since the challenged judgments were not, in fact, void, we accordingly find no error in the trial courts’ denial of the motions.

Decided March 11, 2002.

Case No. S02A0540

Lorenzo C. Felder, pro se. Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.

Case No. S02A0600

John C. Ward, pro se. Richard G. Milam, District Attorney, for appellee.

Judgments affirmed.

All the Justices concur.

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Related

Ward v. State
682 S.E.2d 128 (Court of Appeals of Georgia, 2009)
Brown v. State
662 S.E.2d 297 (Court of Appeals of Georgia, 2008)
Miller v. State
592 S.E.2d 450 (Court of Appeals of Georgia, 2003)
Motes v. State
586 S.E.2d 682 (Court of Appeals of Georgia, 2003)
Watts v. State
581 S.E.2d 625 (Court of Appeals of Georgia, 2003)
Guest v. State
574 S.E.2d 662 (Court of Appeals of Georgia, 2002)
Ward v. Georgia
537 U.S. 844 (Supreme Court, 2002)
Felder v. Georgia
537 U.S. 844 (Supreme Court, 2002)

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Bluebook (online)
561 S.E.2d 88, 274 Ga. 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felder-v-state-ga-2002.