Public-domain · open source
OpenJurist

274 Ga. 870

561 S.E.2d 88

Felder v. State

Supreme Court of Georgia

Decided March 11, 2002

Supreme Court of Georgia · decided 2002-03-11

Cited by 10 later decisions (4 by the Supreme Court) — most recently July 2009

6 state decisions

Key passage — most relied on by later courts

“Looking at the substance of the motions rather than their nomenclature, the motions did not seek to vacate a void sentence, see OCGA § 17-9-4, but rather constituted improper attempts by [Miller] to obtain a second appeal from [his] convictions. 15”

quoted by 1 later decision, including 264 Ga. App. 801 - Miller v. State

Relies on Felder v. State · Ward v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-11

View the full empirical analysis of this case →

Hunstein, Justice.

¶1 Lorenzo Felder was convicted in Crisp County in March 1998 of felony murder based upon the underlying felony of armed robbery. We affirmed his conviction in Felder v. State, 270 Ga. 641 (514 SE2d 416) (1999). John Coy Ward was convicted in Butts County in September 1998 of felony murder based upon the underlying felony of *871 aggravated assault. We affirmed his conviction in Ward v. State, 271 Ga. 648 (520 SE2d 205) (1999). In November 2001, while both men were incarcerated in Ware County, they each filed motions to “Hold Void Judgments Mere Nullity and to Expunge Such Void and Null Judgments” in the counties where they had been convicted. Looking at the substance of the motions rather than their nomenclature, the motions did not seek to vacate a void sentence, see OCGA § 17-9-4, but rather constituted improper attempts by Felder and Ward to obtain a second appeal from their convictions. Since the challenged judgments were not, in fact, void, we accordingly find no error in the trial courts’ denial of the motions.

Decided March 11, 2002.

¶2 Case No. S02A0540

Lorenzo C. Felder, pro se. Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.

¶3 Case No. S02A0600

John C. Ward, pro se. Richard G. Milam, District Attorney, for appellee.

¶4 Judgments affirmed.

All the Justices concur.
/274/ga/870 · .json · Public domain