Robert L. Meriwether v. State

Court of Appeals of Georgia

Robert L. Meriwether v. State

DecidedAugust 25, 2017

DocketA18A0062

StatusPublished

This text of Robert L. Meriwether v. State (Robert L. Meriwether 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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Robert L. Meriwether v. State, (Ga. Ct. App. 2017).

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a00672Court of Appeals of the State of Georgia

ATLANTA,____________________ August 24, 2017

The Court of Appeals hereby passes the following order:

A18A0062. ROBERT L. MERIWETHER v. THE STATE.

In 1999, Robert L. Meriwether was convicted of kidnapping with bodily harm, aggravated assault, battery, and possession of a weapon during the commission of a crime, for which he was sentenced to life imprisonment. His convictions were affirmed on appeal in an unpublished opinion. See Meriwether v. State, Case. No. A01A2134 (decided December 7, 2001). After filing numerous motions over the years, in October 2016, Meriwether filed a “Motion to Set Aside Void Conviction; Kidnapping with Bodily Injury, under ‘New Rule of Criminal Law,’” in which he argued that the standard set forth in Garza v. State, 284 Ga. 696 (670 SE2d 73) (2008), should be applied to set aside his conviction.1 The trial court denied the motion and Meriwether filed this direct appeal. However, “a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009). An appeal from an order denying or dismissing such a motion must be dismissed. See id. at 218 (2); Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Accordingly, Meriwether’s appeal is hereby DISMISSED.

1 Meriwether previously filed a direct appeal from the denial of his motion to set aside a void sentence, which was dismissed by this Court because he did not raise a valid void sentence claim, but rather challenged the sufficiency of the evidence to support his conviction for kidnapping with bodily injury. See Case No. A16A1340 (decided April 7, 2016). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/24/2017 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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a00672Court of Appeals of the State of Georgia

ATLANTA,____________________ August 24, 2017

The Court of Appeals hereby passes the following order:

A18A0062. ROBERT L. MERIWETHER v. THE STATE.

In 1999, Robert L. Meriwether was convicted of kidnapping with bodily harm, aggravated assault, battery, and possession of a weapon during the commission of a crime, for which he was sentenced to life imprisonment. His convictions were affirmed on appeal in an unpublished opinion. See Meriwether v. State, Case. No. A01A2134 (decided December 7, 2001). After filing numerous motions over the years, in October 2016, Meriwether filed a “Motion to Set Aside Void Conviction; Kidnapping with Bodily Injury, under ‘New Rule of Criminal Law,’” in which he argued that the standard set forth in Garza v. State, 284 Ga. 696 (670 SE2d 73) (2008), should be applied to set aside his conviction.1 The trial court denied the motion and Meriwether filed this direct appeal. However, “a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009). An appeal from an order denying or dismissing such a motion must be dismissed. See id. at 218 (2); Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Accordingly, Meriwether’s appeal is hereby DISMISSED.

1 Meriwether previously filed a direct appeal from the denial of his motion to set aside a void sentence, which was dismissed by this Court because he did not raise a valid void sentence claim, but rather challenged the sufficiency of the evidence to support his conviction for kidnapping with bodily injury. See Case No. A16A1340 (decided April 7, 2016). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/24/2017 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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Robert L. Meriwether v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-l-meriwether-v-state-gactapp-2017.

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