Court Filings

The Georgia Court of Appeals ruled that the trial court exceeded its authority by directing the Department of Corrections (DOC) to credit the defendant, Jonathan Lynn Stansell, with time served beginning January 26, 2022, for burglary and theft convictions where Stansell was not arrested on those charges until January 12, 2025. The court held the sentencing judge misdirected the correctional custodian because only the custodian/DOC computes credit for time served under state law. The panel vacated the portion of the sentencing orders that set the starting date for credit and remanded to remove that language.

The Georgia Supreme Court vacated the trial court’s dismissal of Jonathan Miller’s motion to correct a void sentence and remanded for further proceedings. Miller, who was sentenced to life with parole after convictions including felony murder for a 1998 killing committed when he was 15, argued his life sentence is grossly disproportionate in violation of the Eighth Amendment. The Court held that an Eighth Amendment disproportionality claim is a cognizable void-sentence claim that may be raised at any time, found the trial court erred by dismissing for lack of jurisdiction, and remanded because the record did not clearly show the trial court decided the constitutional claim on the merits.

The Fifth District Court of Appeals vacated and remanded the defendant Carl S. Williams Jr.’s aggregate eight-year prison sentence because the trial court imposed consecutive terms without making all statutory findings required by R.C. 2929.14(C). Williams had pled guilty to multiple theft-related felonies while on post-release control and received consecutive eight-month terms plus two years for post-release-control violation. The appellate court found the trial court failed on the record to state that consecutive sentences were necessary to protect the public or to punish the offender, so the sentence was contrary to law and must be vacated for resentencing. The court upheld the post-release-control prison term itself.

The Superior Court vacated a April 29, 2025 revocation-of-probation sentence imposed on Leroy Kenneth Thomas and remanded to re-impose his earlier October 25, 2021 revocation-of-probation sentence. The PCRA court had entertained an untimely collateral petition and resentenced Thomas without jurisdiction because the petition did not satisfy the PCRA’s time limits or an exception. Because the PCRA court lacked jurisdiction, its resentencing was void ab initio. The court therefore vacated the 2025 sentence and ordered reinstatement of the 2021 sentence, leaving any discretionary-sentencing challenges unreviewed.

The Court of Appeals vacated the trial court’s order that had granted Ricky Thompson an out-of-time appeal from his convictions for involuntary manslaughter and aggravated assault. The court found the trial court lacked authority under the statutory deadline in OCGA § 5-6-39.1 because Thompson filed his motion 114 days after the time to appeal expired, exceeding the statute’s 100-day window. The panel remanded with directions to dismiss the out-of-time appeal motion and noted that any remedy must be pursued by habeas corpus under existing precedent.