Ricks v. State, 303 Ga. 567 (Ga. 2018). · Go Syfert
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Ricks v. State, 303 Ga. 567 (Ga. 2018). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: Patterson v. State (ga, 2025-05-06)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Patterson v. State (2×)
Ga. · 2025 · confidence medium
We have explained that the supersedeas effect of a notice of appeal deprives “the trial court of the power to affect the judgment appealed.” Ricks v. State, 303 Ga. 567, 567 ( 814 SE2d 318 ) (2018) (cleaned up).
discussed Cited as authority (rule) Clinton Bell v. Bedelia C. Hargrove
Ga. Ct. App. · 2020 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) Id. at 312-313 (2).14 Here, Judge Hargrove was required to make a threshold determination as to whether the report returned by the law enforcement agency constituted an appropriate 14 See, e.g., Mondy v. Magnolia Advanced Materials, 303 Ga. 764, 772 (4) (b), n.5 ( 815 SE2d 70 ) (2018) (noting circumstances under which a “party may also file a mandamus petition seeking to require the judge to fulfill his duty to provide a written order”); Ricks v. State, 303 Ga. 567, 568, n.2 ( 814 SE2d 318 ) (2018) (noting that “it may be appropriat…
cited Cited as authority (rule) Mohammed Abdul Hafeez Mughni v. Beyond Management Group, Inc.
Ga. Ct. App. · 2019 · signal: cf. · confidence medium
Cf. Ricks v. State, 303 Ga. 567, 567 (1) ( 814 SE2d 318 ) (2018) (notice of appeal deprives court of jurisdiction to determine later filed motion for out of time appeal concerning the same judgment).
cited Cited "see" Rodney Oliver Martin v. State
Ga. Ct. App. · 2023 · signal: see · confidence high
See Scroggins v. State, 288 Ga. 346, 347 ( 703 SE2d 622 ) (2010), overruled on other grounds by Ricks v. State, 303 Ga. 567, 568, n. 1 ( 814 SE2d 318 ) (2018).
cited Cited "see" Gregory Allen Davenport v. State
Ga. Ct. App. · 2023 · signal: see · confidence high
See Ricks v. State, 303 Ga. 567 , 568 & n. 1 ( 814 SE2d 318 ) (2018); Massey, 294 Ga. at 166 (3).
cited Cited "see" Danny Wilson v. State
Ga. Ct. App. · 2022 · signal: see · confidence high
See Ricks v. State, 303 Ga. 567 , 567- 568 ( 814 SE2d 318 ) (2018).
examined Cited "see" Sanders v. State (4×)
Ga. · 2022 · signal: see · confidence high
See Ricks v. State, 303 Ga. 567, 568 (814 SE2d 318) (2018) (noting that where a notice of appeal remains pending, the appeal acts as supersedeas so that the trial court lacks jurisdiction to consider a motion challenging the same judgment on appeal, and the trial court’s ruling is a nullity necessitating vacating the trial court order); Peterson v. State, 274 Ga. 165, 171 (6) (549 SE2d 387) (2001) (“A notice of appeal divests the trial court of jurisdiction to alter a judgment while appeal of that judgment is pending.”); see also Styles v. State, 245 Ga. App. 90, 92 (537 SE2d 377) (2000)…
Retrieving the full opinion text from the archive…
Ricks
v.
State
S18A0012.
Supreme Court of Georgia.
May 7, 2018.
303 Ga. 567
Cited by 10 opinions  |  Published
303 Ga. 567
FINAL COPY

S18A0012. RICKS v. THE STATE.

HUNSTEIN, Justice.

Ashleigh Ricks appeals the denial of her 2017 motion for an out-of-time appeal from her guilty plea conviction for felony murder in Baldwin County, and we vacate, concluding that the trial court was without jurisdiction to decide the motion.

In May 2012, Ricks pled guilty to felony murder and received a life sentence. Shortly thereafter, Ricks, acting pro se, began to file a stream of pleadings, including a “motion to appeal,” a motion for the reduction of sentence, a motion for new trial, and a motion for a change of venue. In October 2012, the trial court conducted a hearing — at which Ricks was represented by counsel — and orally denied the various pending motions; the trial court memorialized its ruling in an order filed in November 2012. On October 23, 2012, between the date of the hearing and the filing of the written order, Ricks’ motion-hearing counsel filed a notice of appeal from the denial of Ricks’ motions. For reasons not explained in the record, there is no indication that the notice of appeal or record was transmitted to the appropriate court, and there is also no indication in the record that the appeal was ever withdrawn or dismissed. Undeterred by the denial of her first round of motions, Ricks continued her prolific filing and, in April 2017, filed a motion for an out-of-time appeal; that motion was denied just days after it was filed, and Ricks filed a timely notice of appeal to this Court challenging that ruling.

Although Ricks’ 2012 notice of appeal was never properly docketed, the appeal remains pending, see Scroggins v. State, 288 Ga. 346, 347 (703 SE2d 622) (2010), and the pending appeal acts as a supersedeas, depriving the trial court of “‘the power to affect the judgment appealed.’” (Citation omitted.) Id. Because Ricks’ 2017 motion for an out-of-time appeal challenges the same judgment of conviction challenged in the still-pending 2012 notice of appeal, the trial court lacked jurisdiction to consider the motion, and its ruling is a mere nullity. See Wetherington v. State, 295 Ga. 172, 173 (758 SE2d 299) (2014). While in the past we have reversed the trial court under these circumstances, see, e.g., Wetherington and Scroggins, supra, we conclude that the correct judgment is to vacate the void order.[1] See, e.g., Rollins v. Rollins, 300 Ga. 485, 488-489 (796 SE2d 721) (2017); Massey v. Massey, 294 Ga. 163, 166 (3) (751 SE2d 330) (2013). Accordingly, in light of the still-pending 2012 notice of appeal, we vacate the trial court’s April 2017 order denying Appellant’s motion for an out-of-time appeal.[2] Judgment vacated. All the Justices concur.

[*568][*569]

Decided May 7, 2018. Murder. Baldwin Superior Court. Before Judge Trammell. Ashleigh Ricks, pro se. Stephen A. Bradley, District Attorney; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.

[*570]
1 Vacatur of a judgment entered by a trial court that has lost jurisdiction due to supersedeas is the appropriate remedy, as reversal incorrectly indicates the judgment is wrong on the merits. In vacating the judgment, we overrule our prior precedents to the extent that they hold that such judgments instead should be reversed. See, e.g., Wetherington, 295 Ga. at 173; Scroggins, 288 Ga. at 347. We shift course only after considering factors such as the age of the precedent, the reliance interests at stake, the workability of the decision, and, most importantly, the soundness of its reasoning. See State v. Jackson, 287 Ga. 646, 658 (5) (697 SE2d 757) (2010) (setting forth stare decisis factors). Precedent indicating that reversal is appropriate where a trial court lacked jurisdiction to issue the judgment dates back a long way. See Walker v. Banks, 65 Ga. 20, 22 (2) (1880). But the age of the precedent does not justify retaining the rule, particularly given the lack of reasoning we have offered in support to date. In adopting and applying the prior rule, we have framed the question before us not as whether we should vacate or reverse a judgment that is a nullity, but as whether we should reverse the judgment or dismiss an appeal taken on it. See id. at 22 (1); see also Scroggins, 288 Ga. at 347-348; Darden v. Ravan, 232 Ga. 756, 758 (1) (208 SE2d 846) (1974); Pope v. Jones, 79 Ga. 487, 488 (2) (1888); Castleberry v. State, 68 Ga. 49, 51 (2) (1881). Our cases adopting and applying a rule of dismissal do not appear to have actually considered whether vacatur is the more appropriate action. In addition, a rule of vacating judgments that are void for lack of jurisdiction is more workable in that it allows the trial court to issue an appropriate judgment when and if it regains jurisdiction. And no obvious reliability interests are at stake. Therefore, stare decisis does not compel retaining a rule of reversal here.
2 We note, as we did in Wetherington, that if Ricks’ April 2012 notice of appeal remains pending and the Baldwin County Clerk’s office fails to transmit the notice of appeal and corresponding record to this Court as required by OCGA § 5-6-43 (a), it may be appropriate for Ricks to file a petition for mandamus seeking to compel the clerk to perform his statutory duty.