Lay v. State
289 Ga. 210
| Ga. | 2011Background
- Lay was convicted in Fulton County in June 2004 of felony murder and other crimes.
- Post-conviction, appellate counsel sought remand to raise an ineffective-assistance claim; the Court dismissed and remanded for that purpose in 2005.
- No clear record shows new counsel ever appeared or the ineffectiveness claim was raised or heard.
- Lay filed multiple pro se motions over the years, including an August 3, 2010 motion in arrest of judgment asserting the indictment lacked essential elements.
- The trial court summarily denied the 2010 motion; Lay appealed that ruling.
- The issue before the Court was whether an untimely motion in arrest of judgment affects appellate jurisdiction or merely the trial court’s authority to grant relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an untimely motion in arrest of judgment precludes appellate review. | Lay contends untimeliness bars review. | State argues jurisdiction is not defeated; untimeliness limits relief. | Untimeliness does not defeat appellate jurisdiction; review proceeds, and the denial is affirmed on merits due to untimeliness. |
Key Cases Cited
- Wright v. State, 277 Ga. 810 (2004) (indicates cognizable reckoning of defects in arrest of judgment)
- Orr v. State, 275 Ga. 141 (2002) (appealability of trial court rulings on arrest motions)
- Dupree v. State, 279 Ga. 613 (2005) (motion to withdraw guilty plea must be timely; lack of timely filing limits trial court jurisdiction)
- Rubiani v. State, 279 Ga. 299 (2005) (same timing principle as to withdrawal and jurisdiction)
- Ferguson v. Freeman, 282 Ga. 180 (2007) (notice of appeal is absolute requirement to confer jurisdiction)
- Johnson v. RLI Ins. Co., 288 Ga. 309 (2010) (substance governs appealability, not form of pleading)
- Williams v. State, 287 Ga. 192 (2010) (labels a pleading as arrest of judgment may be insufficient to determine remedy)
- Harper v. State, 286 Ga. 216 (2009) (pleading substance controls, not mere label)
- Lacey v. State, 253 Ga. 711 (1985) (untimely direct appeals; review of merits possible)
- Rowland v. State, 264 Ga. 872 (1995) (out-of-time appeals when improper counsel fault)