Johnson v. State
290 Ga. 531
| Ga. | 2012Background
- Johnson was indicted in Randolph County in November 2009 on multiple counts.
- On September 1, 2010, Johnson entered a negotiated guilty plea to one count of malice murder.
- On September 3, 2010, Johnson was sentenced to life in prison with the possibility of parole for malice murder; the remaining counts were nol pros.
- On March 7, 2011, Johnson filed a motion in arrest of judgment asserting the indictment failed to allege venue as to each charge.
- The motion was denied on March 14, 2011, and Johnson appealed to the Georgia Supreme Court.
- The Supreme Court affirmed, holding the motion in arrest of judgment was untimely under OCGA § 17-9-61(b) because it was not filed during the term in which the judgment was obtained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion in arrest of judgment | Johnson contends the motion would be proper but is timely on the merits. | The State contends the motion was untimely under OCGA § 17-9-61(b) and could not be entertained. | Untimely; trial court's denial affirmed. |
Key Cases Cited
- Lay v. State, 289 Ga. 210 (Ga. 2011) (limits on motion in arrest of judgment; timing requirement)
- Wright v. State, 277 Ga. 810 (Ga. 2004) (grounds for arrest of judgment; non-amendable defects)
- Harper v. State, 286 Ga. 216 (Ga. 2009) (timeliness and characterization of motions in arrest of judgment)
- Howard v. State, 289 Ga. 207 (Ga. 2011) (untimely motion in arrest of judgment may be dismissed)
- Haupt v. State, 290 Ga.App. 616 (Ga. App. 2008) (untimely motions and procedural remedies)
- Hammock v. State, 201 Ga.App. 614 (Ga. App. 1991) (procedural considerations in arrest of judgment)