Summary
The Supreme Court of Georgia held that the untimely filing of a motion in arrest of judgment does not deprive an appellate court of jurisdiction to review the trial court's ruling on that motion. Instead, the untimeliness limits the trial court's authority to grant relief. The court affirmed the denial of Jonah Lay's motion because it was filed years after the term in which his judgment was entered.
Holdings
- The untimely filing of a motion in arrest of judgment is not an appellate-jurisdictional defect requiring dismissal of an appeal from the trial court's ruling on the motion.
- The trial court properly denied Lay's motion in arrest of judgment because the motion was filed many terms after the term in which the judgment was obtained and was therefore clearly untimely.
Questions Presented
- Whether the untimely filing of a motion in arrest of judgment deprives the appellate court of jurisdiction over an appeal from the trial court's ruling on that motion.
- Whether the trial court properly denied Lay's motion in arrest of judgment because it was filed outside the term of court in which judgment was obtained.
Disposition
affirmed
Cases Cited (11)
- Sanders v. State, 280 Ga. 780, 631 S.E.2d 344 (2006)(followed)
- Wright v. State, 277 Ga. 810, 596 S.E.2d 587 (2004)(followed)
- Orr v. State, 275 Ga. 141, 562 S.E.2d 498 (2002)(followed)
- Lacey v. State, 253 Ga. 711, 324 S.E.2d 471 (1985)(followed)
- Ferguson v. Freeman, 282 Ga. 180, 646 S.E.2d 65 (2007)(distinguished)
- Dupree v. State, 279 Ga. 613, 619 S.E.2d 608 (2005)(followed by analogy)
- Rubiani v. State, 279 Ga. 299, 612 S.E.2d 798 (2005)(followed by analogy)
- Rowland v. State, 264 Ga. 872, 452 S.E.2d 756 (1995)(followed in dicta)
- Johnson v. RLI Ins. Co., 288 Ga. 309, 704 S.E.2d 173 (2010)(followed)
- Williams v. State, 287 Ga. 192, 695 S.E.2d 244 (2010)(followed in dicta)
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Cited In (0)
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