Scroggins v. State
288 Ga. 346
| Ga. Ct. App. | 2010Background
- Scroggins was convicted in 2001 of theft by receiving, forgery, and financial transaction card fraud and placed on probation.
- Probation was revoked on August 5, 2008.
- On July 20, 2009, Scroggins moved in the trial court for an out-of-time discretionary appeal, which the trial court granted on August 13, 2009.
- The Court of Appeals dismissed the discretionary appeal as untimely from the probation revocation, ruling the trial court lacked authority to grant an out-of-time discretionary appeal.
- The State moved to dismiss the appeal as improvidently granted, arguing a September 2, 2008 notice of appeal from the probation revocation had not been acted upon and no direct appeal docketed; the Supreme Court granted certiorari to review these issues; the Court ultimately held the trial court lacked authority but reversed the Court of Appeals and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of the trial court to grant out-of-time discretionary appeal | Scroggins asserts trial court had jurisdiction to grant out-of-time discretionary appeal | State contends trial court lacked authority to create a second appellate avenue | Trial court lacked authority; such order is a nullity and requires reversal |
| Effect of the Sept. 2, 2008 notice of appeal and supersedeas on jurisdiction | Notice of appeal terminated or superseded the probation revocation review | Notice did not cure or authorize new review; jurisdiction remained pending under the existing path | Notice acted as supersedeas; but pending direct appeal retained jurisdiction, affecting subsequent proceedings |
| Whether dismissal of discretionary appeal was proper and how to remedy | Dismissal misapplied; void judgments require reversal and remand for proper proceedings | Dismissal as improvidently granted appropriate given lack of proper authority | State cannot sustain dismissal; judgment reversed and case remanded for proceedings consistent with the opinion |
Key Cases Cited
- Darden v. Ravan, 232 Ga. 756 (1974) (void judgment reversal when trial court lacks jurisdiction)
- Weatherbed v. State, 271 Ga. 736 (1999) (nullity of void judgments; remedy by reversal)
- Upton v. Jones, 280 Ga. 895 (2006) (supersedeas effect of a notice of appeal; impact on trial court jurisdiction)
- Elrod v. State, 222 Ga. App. 704 (1996) (nullity doctrine where there is pending jurisdictional issue)
- Hughes v. State, 273 Ga. 804 (2001) (Court retained jurisdiction under notice of appeal)