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Horton v. State

Court of Appeals of Georgia
Nov 21, 1988
375 S.E.2d 668 (Ga. Ct. App. 1988)

Opinion

77905.

DECIDED NOVEMBER 21, 1988.

Sexual exploitation. Fayette Superior Court. Before Judge Miller.

Sexton, Turner Moody, Lee Sexton, for appellant.

Johnnie L. Caldwell, Jr., District Attorney, James E. Sherrill, Assistant District Attorney, for appellee.


Appellant was convicted on multiple felony and misdemeanor counts of sexual exploitation. His bond was set at $250,000, and on July 8, 1988, the Fayette County Superior Court denied his motion for bond reduction. On August 8 appellant filed an emergency appeal with the Supreme Court of Georgia, which on that same day transferred the appeal to this court. On August 18, 1988, after consideration of the application and response, this court entered an order denying the motion.

Appellant then filed in the Supreme Court an appeal, accompanied by a brief identical to that filed in the August 8 appeal, from this court's August 18 denial of the emergency appeal. He assigned as error "the denial of appellant's motion for bond reduction." The Supreme Court transferred this second appeal to this court. Held:

It is axiomatic that the same issue cannot be relitigated ad infinitum. Norris v. Atlanta West Point R. Co., 254 Ga. 684 ( 333 S.E.2d 835) (1985). The same is true of appeals of the same issue on the same grounds. Our determination of August 18, 1988, is res judicata; the instant appeal is therefore barred, and we are without jurisdiction to review this same matter for a second time.

Appeal dismissed. Carley and Sognier, JJ., concur.

DECIDED NOVEMBER 21, 1988.


Summaries of

Horton v. State

Court of Appeals of Georgia
Nov 21, 1988
375 S.E.2d 668 (Ga. Ct. App. 1988)
Case details for

Horton v. State

Case Details

Full title:HORTON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 21, 1988

Citations

375 S.E.2d 668 (Ga. Ct. App. 1988)
189 Ga. App. 370

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