Supreme Court of Georgia

Ricks v. the State.

May 7, 2018814 S.E.2d 318

Summary

The Court held that the trial court lacked jurisdiction to deny Ricks's motion for an out-of-time appeal because her earlier notice of appeal remained pending and operated as a supersedeas. The Court therefore vacated, rather than reversed, the trial court's order because a judgment entered without jurisdiction is a nullity and reversal would improperly suggest a merits determination. The Court overruled its prior decisions to the extent they required reversal in this circumstance.