Scroggins v. State
703 S.E.2d 622
| Ga. | 2010Background
- 2001: Scroggins convicted of theft by receiving, forgery, and financial transaction card fraud, sentenced to probation.
- 2008-08-05: probation revoked.
- 2009-07-20: Scroggins moved in trial court for an out-of-time discretionary appeal; trial court granted on 2009-08-13.
- Court of Appeals dismissed the discretionary appeal as untimely and stated the trial court lacked authority to grant an out-of-time discretionary appeal.
- State filed certiorari; issue arose whether trial court had authority to grant out-of-time discretionary appeal and questions about a September 2, 2008 notice of appeal.
- Court ultimately reversed the Court of Appeals’ dismissal and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of trial court to grant out-of-time discretionary appeal | Scroggins argues the trial court had authority to grant the out-of-time appeal. | State contends the trial court lacked jurisdiction to grant an out-of-time discretionary appeal. | Trial court lacked authority to grant the out-of-time discretionary appeal. |
| Effect of the September 2, 2008 notice of appeal on jurisdiction | Notice of appeal remained pending and restrained subsequent proceedings. | Notice of appeal was a nullity and did not affect jurisdiction. | The September 2, 2008 notice did not divest the trial court of jurisdiction to address pending appeals. |
| Validity of the Court of Appeals’ dismissal | Dismissal was improper due to a pending jurisdictional question. | Dismissal aligned with procedural deficiencies. | Court of Appeals’ dismissal reversed; case remanded for consistent proceedings. |
| Remedy for void judgment in lower court | N/A | N/A | Judgment reversed and remanded for proceedings consistent with the opinion. |
Key Cases Cited
- Upton v. Jones, 280 Ga. 895, 635 S.E.2d 112 (2006) (2006) (direct appeal supersedeas effect; trial court lacks authority to proceed where a direct appeal is pending)
- Elrod v. State, 222 Ga.App. 704, 475 S.E.2d 710 (1996) (1996) (nullities where improper appellate path attempted)
- Chambers v. State, 262 Ga. 200, 415 S.E.2d 643 (1992) (1992) (direct appeal procedures; jurisdictional constraints)
- Darden v. Ravan, 232 Ga. 756, 208 S.E.2d 846 (1974) (1974) (void judgment; appellate review not dismissal of appeal)
- Weatherbed v. State, 271 Ga. 736, 260 S.E.2d 452 (1999) (1999) (reiteration of void-judgment principles)
- Hughes v. Sikes, 273 Ga. 804, 546 S.E.2d 518 (2001) (2001) (jurisdictional analysis under notices of appeal)
- Styles v. State, 245 Ga. App. 90, 537 S.E.2d 377 (2000) (2000) (jurisdiction and notice of appeal considerations)
- State v. Wilbanks, 215 Ga.App. 223, 450 S.E.2d 293 (1994) (1994) (probation-revocation appeals and discretionary review)