Therian Wimbush v. State

• Court: Court of Appeals of Georgia
• Decided: April 20, 2021
• Docket: A21A1070
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 08, 2021

The Court of Appeals hereby passes the following order:

A21A1070. THERIAN WIMBUSH et al. 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 December 4, 2020, Wimbush filed a “Joint Amended Notice of Appeal,” stating that both she and Ricardo Wimbush seek to appeal the trial court’s December 4, 2014 order denying their demand for speedy trial.1 Because we have already reviewed that order, we lack jurisdiction to do so again. We rejected Wimbush’s challenge to the same trial court order in her prior appeal, Wimbush, supra, 345 Ga. App. at 61-66 (2), thus 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 another bite at the apple by way of a second appeal”). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

1 The order on appeal names only Therian Wimbush as a defendant. Ricardo Wimbush is neither an attorney nor a party to the instant appeal, thus he may not file an appeal on behalf of Therian Wimbush. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/08/2021 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.