Ross v. State
310 Ga. App. 326
| Ga. Ct. App. | 2011Background
- Ross was found guilty by bench trial of possession of cocaine, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony.
- Ross moved pro se on April 25, 2006 to vacate and correct his sentence as void, arguing prior felonies used for conviction could not be used to enhance as a recidivist.
- The trial court denied the motion; Ross purportedly filed a timely notice of appeal, but the appellate court later dismissed for lack of a timely notice of appeal.
- Ross filed a second motion to enter a valid judgment of conviction in February 2010, which the trial court denied as substantially the same as the 2006 motion.
- The State moved to dismiss Ross’s appeal, arguing res judicata and law-of-the-case barred reconsideration; the court agreed and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law-of-the-case and res judicata bar this appeal | Ross argues the void-sentence issue can be revisited after changes in evidentiary posture | State contends prior dismissal and law-of-the-case preclude re-litigation | Barred; appeal dismissed under law-of-the-case |
Key Cases Cited
- State v. Slaughter, 289 Ga. 344 (2011) (forecloses using prior conviction for felon in possession to enhance punishment)
- Moon v. State, 287 Ga. 304 (2010) (law-of-the-case guidance on evidentiary posture and res judicata effects)
- Perez v. State, 263 Ga.App. 411 (2003) (bounds of law-of-the-case and binding rulings in subsequent proceedings)
- Howard v. State, 289 Ga. 207 (2011) (res judicata effect when same issue is raised after dismissal as untimely)
- Day v. State, 242 Ga.App. 899 (2000) (finality of decisions and res judicata principles in criminal appeals)
- Houston County v. Harrell, 287 Ga. 162 (2010) (prohibition on second appeals from a single order)