Wetherington v. State

Summary

The Georgia Supreme Court considered Michael Wetherington’s appeal from the denial of his fifth motion for an out-of-time appeal from convictions entered after a guilty plea. The Court held that his earlier, undocketed appeal remained pending and deprived the trial court of jurisdiction to rule on the later motion, so it reversed the trial court’s order.

Holdings

1. A timely notice of appeal remains pending for purposes of the trial court's jurisdiction even when the clerk fails to transmit the notice and record and the appeal is never docketed.
2. A judgment entered by a trial court without jurisdiction is void and must be reversed on appeal rather than dismissed.

Questions Presented

1. Whether the trial court had jurisdiction to deny a later motion for an out-of-time appeal when an earlier appeal from the same judgment remained pending because the clerk failed to transmit the notice of appeal and record.
2. Whether the trial court's order entered without jurisdiction must be reversed rather than dismissed.

Disposition

reversed