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Orr v. State

562 S.E.2d 498, 275 Ga. 141, 2002 Fulton County D. Rep. 2001, 2002 Ga. LEXIS 248
CourtSupreme Court of Georgia
DecidedMarch 28, 2002
DocketS02A0063
StatusPublished
Cited by3 cases

This text of 562 S.E.2d 498 (Orr 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
Orr v. State, 562 S.E.2d 498, 275 Ga. 141, 2002 Fulton County D. Rep. 2001, 2002 Ga. LEXIS 248 (Ga. 2002).

Opinion

Fletcher, Chief Justice.

Robert L. Orr pled guilty to malice murder and armed robbery in Whitfield County Superior Court in 1993. In 2001, he filed a motion in arrest of judgment in Whitfield County claiming that his guilty plea was not intelligently and voluntarily made. The trial court denied the motion as untimely. Because OCGA § 17-9-61 (b) requires that a motion in arrest of judgment be made during the term in which the judgment was obtained, and Orr filed the motion outside the term, the trial court correctly denied the motion as untimely. Orr’s remedy to challenge the voluntariness of his guilty plea lies in habeas corpus, OCGA §§ 9-14-40 to 9-14-53.

Judgment affirmed.

All the Justices concur. *142 Decided March 28, 2002 Murder. Whitfield Superior Court. Before Judge Temples. Robert L. Orr, pro se. Thurbert E. Baker, Attorney General, for appellee.

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Related

Lay v. State
710 S.E.2d 141 (Supreme Court of Georgia, 2011)
Smith v. State
587 S.E.2d 787 (Court of Appeals of Georgia, 2003)
Pearson v. State
574 S.E.2d 820 (Court of Appeals of Georgia, 2003)

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Bluebook (online)
562 S.E.2d 498, 275 Ga. 141, 2002 Fulton County D. Rep. 2001, 2002 Ga. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-state-ga-2002.