Rooney v. State
311 Ga. App. 376
Ga. Ct. App.2011Background
- In 1995 Rooney pled guilty to rape, aggravated sodomy, aggravated sexual battery, and three counts of battery.
- An unpublished 2001 opinion affirmed the denial of his out-of-time appeal.
- Rooney subsequently filed multiple post-conviction motions, the latest including a Motion to Vacate Unconstitutional, Null, and Void Sentences and related motions.
- The trial court denied the motions, and Rooney appealed to the Georgia Court of Appeals.
- The 1995 judgment sentenced Rooney to 64 years, with 50 years to serve before a 14-year probation, and imposed probation conditions (no contact with the victim and mental health counseling).
- Rooney challenged the probation conditions as invading Board of Pardons and Paroles authority and claimed lack of notice/consent; the court rejected these arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probation conditions infringe parole authority | Rooney contends conditions infringe parole Board authority. | State argues written sentence controls and court may impose probation conditions. | Conditions were proper; written sentence controls and trial court acted within authority. |
| Whether special probation conditions were imposed without Rooney's knowledge or consent | Rooney asserts lack of notice/consent to special probation terms. | Rooney did not show a void sentence; lack of detailed notice does not void peł sentence. | No basis to vacate; sentence not void. |
| Whether the trial court erred in Rooney's motion to recuse Judge Turner | Affidavit shows bias based on adverse rulings. | Bias must be from an extra-judicial source; no recusal due to rulings. | No legal basis for recusal; denial proper. |
Key Cases Cited
- Howard v. State, 281 Ga.App. 797 (2006) (written sentence controls over oral pronouncements; separation of powers concerns noted)
- Terry v. Hamrick, 284 Ga. 24 (2008) (trial court has broad discretion in fashioning probation conditions)
- Pless v. State, 282 Ga. 58 (2007) (statutory authority to impose reasonable probation conditions)
- Rooney v. State, 287 Ga. 1 (2010) (post-conviction relief context cited for procedural posture)
- Coleman v. State, 305 Ga.App. 680 (2010) (no basis to vacate sentence where not void)