Wheeler v. State

Supreme Court of Georgia

Wheeler v. State

757 S.E.2d 867, 295 Ga. 118, 2014 Fulton County D. Rep. 1172, 2014 WL 1593155, 2014 Ga. LEXIS 303

CourtSupreme Court of Georgia

DecidedApril 22, 2014

DocketS14A0534

StatusPublished

This text of 757 S.E.2d 867 (Wheeler v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wheeler v. State, 757 S.E.2d 867, 295 Ga. 118, 2014 Fulton County D. Rep. 1172, 2014 WL 1593155, 2014 Ga. LEXIS 303 (Ga. 2014).

Pincite

Opinion

Thompson, Chief Justice.

Following a jury trial, appellant Martin Wheeler was convicted of malice murder and aggravated assault in connection with the death of Pearl Johnson. His convictions were affirmed by this Court on appeal. See Wheeler v. State, 290 Ga. 817 (725 SE2d 580) (2012). In August 2013, appellant filed a motion in arrest of judgment which the trial court denied. Appellant appealed, and we affirm.

Appellant challenges the trial court’s denial of his motion in arrest of judgment in which he challenged the sufficiency of the evidence and alleged prosecutorial and judicial misconduct and violations of his fourth, fifth, sixth and fourteenth amendment rights during trial. Judgments on appellant’s convictions were entered on September 19, 2007, however, and his motion in arrest of judgment was filed on August 21,2013, more than six years after his judgments were entered. Amotion in arrest of judgment must be filed within the term of court in which the judgment was rendered. OCGA § 17-9-61 (b). Accordingly, appellant’s motion was not timely filed, and we do not address the merits, if any, of his motion. See Dasher v. State, 285 Ga. 308 (2) (676 SE2d 181) (2009); Mitchell v. State, 282 Ga. 416 (3) (651 SE2d 49) (2007).

*119 Decided April 22, 2014. Martin Wheeler, pro se. Joseph K. Mulholland, District Attorney, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Thompson, Chief Justice.

Following a jury trial, appellant Martin Wheeler was convicted of malice murder and aggravated assault in connection with the death of Pearl Johnson. His convictions were affirmed by this Court on appeal. See Wheeler v. State, 290 Ga. 817 (725 SE2d 580) (2012). In August 2013, appellant filed a motion in arrest of judgment which the trial court denied. Appellant appealed, and we affirm.

Appellant challenges the trial court’s denial of his motion in arrest of judgment in which he challenged the sufficiency of the evidence and alleged prosecutorial and judicial misconduct and violations of his fourth, fifth, sixth and fourteenth amendment rights during trial. Judgments on appellant’s convictions were entered on September 19, 2007, however, and his motion in arrest of judgment was filed on August 21,2013, more than six years after his judgments were entered. Amotion in arrest of judgment must be filed within the term of court in which the judgment was rendered. OCGA § 17-9-61 (b). Accordingly, appellant’s motion was not timely filed, and we do not address the merits, if any, of his motion. See Dasher v. State, 285 Ga. 308 (2) (676 SE2d 181) (2009); Mitchell v. State, 282 Ga. 416 (3) (651 SE2d 49) (2007).

*119 Decided April 22, 2014. Martin Wheeler, pro se. Joseph K. Mulholland, District Attorney, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

757 S.E.2d 867, 295 Ga. 118, 2014 Fulton County D. Rep. 1172, 2014 WL 1593155, 2014 Ga. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-state-ga-2014.

Opinion

Related

Cite This Page — Counsel Stack