Timothy Lamar Clark, Jr. v. State

Court of Appeals of Georgia

Timothy Lamar Clark, Jr. v. State

DecidedJuly 6, 2023

DocketA23A1611

StatusPublished

This text of Timothy Lamar Clark, Jr. v. State (Timothy Lamar Clark, Jr. 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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Timothy Lamar Clark, Jr. v. State, (Ga. Ct. App. 2023).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 06, 2023

The Court of Appeals hereby passes the following order:

A23A1611. TIMOTHY LAMAR CLARK, JR. v. THE STATE.

In March 2010, Timothy Lamar Clark, Jr. was convicted of aggravated child molestation, child molestation, and cruelty to children. On appeal, this Court affirmed his convictions. Clark v. State, 309 Ga. App. 749 (711 SE2d 749) (2011). Over a decade later, Clark filed a motion for an out-of-time appeal. The trial court denied that motion, finding that because Clark had previously appealed his convictions, he was not entitled to the relief he sought. Clark now seeks to appeal the trial court’s order. In light of the Georgia Supreme Court’s decision in Cook v. State, 313 Ga. 471 (870 SE2d 758) (2022), we vacate the trial court’s order and remand with direction. In Cook, our Supreme Court eliminated the judicially created out-of-time-appeal procedure, holding that a trial court is “without jurisdiction to decide [a] motion for out-of-time appeal” on the merits because “there was and is no legal authority for motions for out-of-time appeal in trial courts.” 313 Ga. at 506 (5). Cook also concluded that this holding would apply to “all cases that are currently on direct review or otherwise not yet final[,]” id., and directed that “pending and future motions for out-of-time appeals in trial courts should be dismissed, and trial court orders that have decided such motions on the merits . . . should be vacated if direct review of the case remains pending or if the case is otherwise not final.” Id. at 505 (4) Accordingly, the trial court’s order denying Clark’s motion for an out-of-time appeal is VACATED, and this case is REMANDED for the entry of an order dismissing Clark’s motion. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/06/2023 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,____________________ July 06, 2023

The Court of Appeals hereby passes the following order:

A23A1611. TIMOTHY LAMAR CLARK, JR. v. THE STATE.

In March 2010, Timothy Lamar Clark, Jr. was convicted of aggravated child molestation, child molestation, and cruelty to children. On appeal, this Court affirmed his convictions. Clark v. State, 309 Ga. App. 749 (711 SE2d 749) (2011). Over a decade later, Clark filed a motion for an out-of-time appeal. The trial court denied that motion, finding that because Clark had previously appealed his convictions, he was not entitled to the relief he sought. Clark now seeks to appeal the trial court’s order. In light of the Georgia Supreme Court’s decision in Cook v. State, 313 Ga. 471 (870 SE2d 758) (2022), we vacate the trial court’s order and remand with direction. In Cook, our Supreme Court eliminated the judicially created out-of-time-appeal procedure, holding that a trial court is “without jurisdiction to decide [a] motion for out-of-time appeal” on the merits because “there was and is no legal authority for motions for out-of-time appeal in trial courts.” 313 Ga. at 506 (5). Cook also concluded that this holding would apply to “all cases that are currently on direct review or otherwise not yet final[,]” id., and directed that “pending and future motions for out-of-time appeals in trial courts should be dismissed, and trial court orders that have decided such motions on the merits . . . should be vacated if direct review of the case remains pending or if the case is otherwise not final.” Id. at 505 (4) Accordingly, the trial court’s order denying Clark’s motion for an out-of-time appeal is VACATED, and this case is REMANDED for the entry of an order dismissing Clark’s motion. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/06/2023 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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Timothy Lamar Clark, Jr. v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-lamar-clark-jr-v-state-gactapp-2023.

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