Johntavis Bailey v. State

Court of Appeals of Georgia

Johntavis Bailey v. State

DecidedDecember 19, 2018

DocketA19D0197

StatusPublished

This text of Johntavis Bailey v. State (Johntavis Bailey 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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Johntavis Bailey v. State, (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 11, 2018

The Court of Appeals hereby passes the following order:

A19D0197. JOHNTAVIS BAILEY v. THE STATE.

On November 15, 2018, Johntavis Bailey filed this application for discretionary appeal from the trial court’s October 26, 2018 order denying his motion to vacate a void judgment.1 As a threshold matter, we note that no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply to the case at bar. Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Here, however, the trial court’s order is not subject to direct appeal. The Supreme Court has made clear that a motion seeking to challenge an allegedly invalid or void judgment of conviction “is not one of the established procedures for challenging the validity of a judgment in a criminal case” and that an appeal from the denial of such a motion is subject to dismissal. Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Accordingly, Bailey is not authorized to collaterally attack his conviction in this manner. See id.; Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009); Matherlee v. State, 303 Ga. App. 765, 766 (694 SE2d 665) (2010).

1 Court of Appeals Rule 31 (e) requires applicants to include with their application a copy of the motion that led to the order to be appealed. Bailey has failed to include a copy of the motion in violation of this rule. For the reasons set forth, this application for discretionary appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/11/2018 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 11, 2018

The Court of Appeals hereby passes the following order:

A19D0197. JOHNTAVIS BAILEY v. THE STATE.

On November 15, 2018, Johntavis Bailey filed this application for discretionary appeal from the trial court’s October 26, 2018 order denying his motion to vacate a void judgment.1 As a threshold matter, we note that no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply to the case at bar. Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Here, however, the trial court’s order is not subject to direct appeal. The Supreme Court has made clear that a motion seeking to challenge an allegedly invalid or void judgment of conviction “is not one of the established procedures for challenging the validity of a judgment in a criminal case” and that an appeal from the denial of such a motion is subject to dismissal. Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Accordingly, Bailey is not authorized to collaterally attack his conviction in this manner. See id.; Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009); Matherlee v. State, 303 Ga. App. 765, 766 (694 SE2d 665) (2010).

1 Court of Appeals Rule 31 (e) requires applicants to include with their application a copy of the motion that led to the order to be appealed. Bailey has failed to include a copy of the motion in violation of this rule. For the reasons set forth, this application for discretionary appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/11/2018 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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Johntavis Bailey v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johntavis-bailey-v-state-gactapp-2018.

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