Sessions v. State

Summary

The Supreme Court of Georgia affirmed the denial of Calvin Sessions's motion for an out-of-time appeal from his criminal convictions. The court held that the habeas court's finding that Sessions forfeited his right to appeal through his own conduct, together with its adverse ruling on ineffective assistance, precluded relitigation under collateral estoppel.

Holdings

1. A defendant is not entitled to an out-of-time appeal when sufficient evidence supports a finding that the defendant's own conduct caused the loss of the direct appeal.
2. Collateral estoppel precluded Sessions from relitigating the merits of his ineffective-assistance claim and the cause of his lost appeal after those issues were decided adversely to him in the habeas proceeding.
3. The Constitution does not guarantee a criminal defendant a right to an appeal at all.

Questions Presented

1. Whether the trial court erred in denying Sessions's motion for an out-of-time appeal on the ground that his own conduct, rather than counsel's error, caused the loss of his direct appeal.
2. Whether collateral estoppel barred Sessions from relitigating the ineffective-assistance and forfeiture issues previously decided adversely to him in state habeas proceedings.

Disposition

affirmed