Therian Wimbush v. State

Court of Appeals of Georgia

Therian Wimbush v. State

DecidedNovember 24, 2020

DocketA21A0620

StatusPublished

This text of Therian Wimbush v. State (Therian Wimbush 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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Therian Wimbush v. State, (Ga. Ct. App. 2020).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ November 23, 2020

The Court of Appeals hereby passes the following order:

A21A0620. THERIAN WIMBUSH v. THE STATE.

In 2017, Therian Wimbush was convicted of three counts of cruelty to children in the first degree and sentenced to 30 years to serve 20 years. We affirmed her convictions in 2018. Wimbush v. State, 345 Ga. App. 54 (812 SE2d 489) (2018). On September 8, 2020, Wimbush filed a notice of direct appeal1 from the trial court’s December 2, 2014 denial of her “Demand for Speedy Trial.” We, however, lack jurisdiction. First, a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Wimbush’s notice of appeal was untimely filed nearly six years after entry of the order she seeks to appeal. Second, because we rejected Wimbush’s challenge to the same trial court order in her prior appeal, Wimbush, supra, 345 Ga. App. at 61-66 (2), the current appeal is barred by the law of the case. See Ross v. State, 310 Ga. App. 326, 327 (713 SE2d 438) (2011) (“[A]ny issue that was raised and resolved in an earlier appeal is the law of the case and is binding on this Court . . . .”) (punctuation omitted); see also Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001) (a party “is not entitled to

1 Wimbush’s notice of appeal is captioned “Amended Notice of Appeal (12/15/14),” however the record contains no other notice of appeal from the denial of her demand for speedy trial. another bite at the apple by way of a second appeal”). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/23/2020 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,____________________ November 23, 2020

The Court of Appeals hereby passes the following order:

A21A0620. THERIAN WIMBUSH v. THE STATE.

In 2017, Therian Wimbush was convicted of three counts of cruelty to children in the first degree and sentenced to 30 years to serve 20 years. We affirmed her convictions in 2018. Wimbush v. State, 345 Ga. App. 54 (812 SE2d 489) (2018). On September 8, 2020, Wimbush filed a notice of direct appeal1 from the trial court’s December 2, 2014 denial of her “Demand for Speedy Trial.” We, however, lack jurisdiction. First, a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Wimbush’s notice of appeal was untimely filed nearly six years after entry of the order she seeks to appeal. Second, because we rejected Wimbush’s challenge to the same trial court order in her prior appeal, Wimbush, supra, 345 Ga. App. at 61-66 (2), the current appeal is barred by the law of the case. See Ross v. State, 310 Ga. App. 326, 327 (713 SE2d 438) (2011) (“[A]ny issue that was raised and resolved in an earlier appeal is the law of the case and is binding on this Court . . . .”) (punctuation omitted); see also Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001) (a party “is not entitled to

1 Wimbush’s notice of appeal is captioned “Amended Notice of Appeal (12/15/14),” however the record contains no other notice of appeal from the denial of her demand for speedy trial. another bite at the apple by way of a second appeal”). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/23/2020 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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Therian Wimbush v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/therian-wimbush-v-state-gactapp-2020.

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