Simpson v. State
292 Ga. 764
| Ga. | 2013Background
- In 2002, Simpson was convicted in Fulton County on three counts each of malice murder, aggravated assault, and concealing a death.
- Post-appeal motions led the trial court on June 2, 2011 to partially grant the motion to vacate void conviction, finding aggregation/merger of offenses and setting consecutive life and ten-year sentences.
- On June 13, 2011, Simpson filed a motion in arrest of judgment alleging a fatal defect on the indictment’s descriptive language and jurisdictional issue.
- The trial court denied the arrest of judgment as untimely, holding the motion must be filed in the term of court in which judgment was obtained.
- Simpson argued the June 2, 2011 order created a new judgment, making his June 13 arrest timely under OCGA § 15-6-3(3), but the court rejected this.
- The court concluded the June 2 order was not a new judgment and the arrest of judgment remained untimely; the denial was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest of judgment was timely. | Simpson contends timing tolled by new judgment. | State says timing fixed to 2002 judgment term. | Untimely; timing fixed to 2002 term. |
| Whether the June 2, 2011 order created a new judgment. | New judgment triggered timely review under OCGA § 15-6-3(3). | No new judgment; defect not amendable and not reviewable as new judgment. | No new judgment created; order a nullity, not a new judgment. |
| Whether the motion to vacate void conviction attacked the convictions or just the sentences. | Motion attacked convictions as void due to merger issues. | Harper bars such motions; not authorized to attack void convictions. | Motion attacked convictions; not authorized; nullity of order. |
Key Cases Cited
- Harper v. State, 286 Ga. 216 (2009) (petition to vacate not appropriate remedy)
- Johnson v. State, 290 Ga. 531 (2012) (timeliness of arrest of judgment depends on terms)
- Orr v. State, 276 Ga. 91 (2003) (motion to vacate void conviction analyze nomenclature)
- Weatherbed v. State, 271 Ga. 736 (1999) (nullity of improper orders)
- Williams v. State, 287 Ga. 192 (2010) (merger issues in characterization of convictions)