Klaub v. State

Full title: KLAUB v. THE STATE

Court: Court of Appeals of Georgia

Date published: Aug 21, 2003

587 S.E.2d 145 (Ga. Ct. App. 2003)

587 S.E.2d 145

Opinion

A03A1185.

DECIDED: AUGUST 21, 2003 Reconsideration Denied September 8, 2003.

Hit and run, etc. Fulton Superior Court. Before Judge Etheridge.

John R. Mayer, for appellant.

Paul L. Howard, Jr., District Attorney, ALvera A. Wheeler, Assistant District Attorney, for appellee.

RUFFIN, Presiding Judge.

A jury found Ronald Klaub guilty of hit and run, driving with a suspended license, and two counts of vehicular homicide. Klaub appealed, asserting multiple enumerations of error. In Klaub v. State,¹ we reversed Klaub's conviction for one count of vehicular homicide and remanded the case for re-sentencing. Following the re-sentencing hearing, Klaub filed a second appeal, arguing that the trial court erred in failing to direct a verdict as to the second count of vehicular homicide and in charging the jury. Because res judicata bars Klaub's claims, we affirm the judgment of the trial court.

1 255 Ga. App. 40 ( 564 S.E.2d 471) (2002).

"[R]es judicata bars the relitigation of all matters put in issue or which under the rules of law might have been put in issue" in a prior proceeding.² In the previous appeal, Klaub argued that the trial court erred in failing to grant a directed verdict as to the second count of vehicular homicide, and we rejected his argument.³ "It is axiomatic that the same issue cannot be relitigated ad infinitum. The same is true of appeals of the same issue on the same grounds."⁴ Accordingly, he cannot relitigate the issue, and we cannot consider it on this appeal.

2 (Punctuation omitted.) Martin v. State, 228 Ga. App. 548, 552 ( 492 S.E.2d 307) (1997).

3 See Klaub, supra at 44-47(2).

4 Jordan v. State, 253 Ga. App. 510, 511 ( 559 S.E.2d 528) (2002).

Similarly, Klaub's allegations that the trial court erred in charging the jury could have or should have been raised in the earlier appeal. They are, therefore, barred by res judicata.⁵ As all issues are barred, we affirm Klaub's judgment of conviction.

5 See Martin, supra.

Judgment affirmed. Smith, C.J., and Miller, J., concur.

RUFFIN, Presiding Judge.

DECIDED AUGUST 21, 2003 — RECONSIDERATION DENIED SEPTEMBER 8, 2003 — CERT. APPLIED FOR.