Opinion
A22A0040
08-23-2021
ROBERT R. JOHNSON v. THE STATE.
In 2002, Robert R. Johnson pled guilty to multiple offenses. In 2011, Johnson filed a motion to vacate a void sentence, arguing that his indictment was void and raising a challenge to the grand jury. The trial court dismissed the motion, and Johnson filed both a direct appeal and discretionary application. Both were dismissed. See Case Nos. A12D0234 (Feb. 13, 2012) &A12A0946 (Mar. 7, 2012). In April 2021, Johnson again filed a pro se motion challenging the indictment and the grand jury. The trial court denied the motion, and Johnson filed this appeal. We lack jurisdiction for two reasons.
First, "a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case." Harper v. State, 286 Ga. 216, 218 (1) (686 S.E.2d 786) (2009). Any appeal from an order denying or dismissing such a motion must be dismissed. See id. at 218 (2); Roberts v. State, 286 Ga. 532 (690 S.E.2d 150) (2010). Second, "[i]t is axiomatic that the same issue cannot be relitigated ad infinitum." Echols v. State, 243 Ga.App. 775, 776 (534 S.E.2d 464) (2000) (punctuation omitted). Our prior dismissal orders in this case constitute the law of the case, and we are precluded from revisiting the issues previously litigated. See Ross v. State, 310 Ga.App. 326, 327 (713 S.E.2d 438) (2011).
For these reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.