Phillip Anthony Harwood v. State

Court of Appeals of Georgia

Phillip Anthony Harwood v. State

DecidedApril 18, 2013

DocketA13A1330

StatusPublished

This text of Phillip Anthony Harwood v. State (Phillip Anthony Harwood 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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Phillip Anthony Harwood v. State, (Ga. Ct. App. 2013).

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Court of Appeals of the State of Georgia

ATLANTA,__________________ April 18, 2013

The Court of Appeals hereby passes the following order:

A13A1330. PHILLIP ANTHONY HARWOOD v. THE STATE.

Phillip Harwood pled guilty to voluntary manslaughter in February 2003. Since then, he has filed several motions for out-of-time appeal. We have already affirmed the trial court’s denial of his first and second motions. See Harwood v. State, 303 Ga. App. 23, 692 SE2d 665 (2010); Harwood v. State, Case No. A12A1543 (2012) (unpublished). He now seeks review of the trial court’s denial of his third motion. This appeal is barred by res judicata. Under this doctrine, a party is barred from re-litigating an issue that either was, or should have been, litigated in a prior proceeding. See Vought Aircraft Indus. v. Faulds, 281 Ga. App. 338, 339 (636 SE2d 75) (2006); see also Stirling v. State, 199 Ga. App. 877 (199 Ga. App. 877) (1981) (“It is axiomatic that the same issue cannot be relitigated ad infinitum.”). Because we have already determined that Harwood is not entitled to an out-of-time appeal, we are without jurisdiction to revisit this matter. See Stirling, supra. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/18/2013 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,__________________ April 18, 2013

The Court of Appeals hereby passes the following order:

A13A1330. PHILLIP ANTHONY HARWOOD v. THE STATE.

Phillip Harwood pled guilty to voluntary manslaughter in February 2003. Since then, he has filed several motions for out-of-time appeal. We have already affirmed the trial court’s denial of his first and second motions. See Harwood v. State, 303 Ga. App. 23, 692 SE2d 665 (2010); Harwood v. State, Case No. A12A1543 (2012) (unpublished). He now seeks review of the trial court’s denial of his third motion. This appeal is barred by res judicata. Under this doctrine, a party is barred from re-litigating an issue that either was, or should have been, litigated in a prior proceeding. See Vought Aircraft Indus. v. Faulds, 281 Ga. App. 338, 339 (636 SE2d 75) (2006); see also Stirling v. State, 199 Ga. App. 877 (199 Ga. App. 877) (1981) (“It is axiomatic that the same issue cannot be relitigated ad infinitum.”). Because we have already determined that Harwood is not entitled to an out-of-time appeal, we are without jurisdiction to revisit this matter. See Stirling, supra. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/18/2013 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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