Weatherbed v. State (1999)

In Weatherbed v. State, 271 Ga. 736, 739 ( 524 SE2d 452 ) (1999) (Benham, CJ, concurring specially), Chief Justice Benham called on the Court to “comply with the change in its appellate jurisdiction in non-capital 12 murder cases brought about by passage of the 1983 Georgia Constitution,” as recognized in Thornton, and to have all future murder appeals decided by the Court of Appeals in the first instance.

That year, then-Chief Justice Benham wrote a special concurrence in Weatherbed v. State, 271 Ga. 736, 739 (524 SE2d 334) (1999), in which he called on the Court to “comply with the change in its appellate jurisdiction in non-capital 14 murder cases brought about by the passage of the 1983 Georgia Constitution,” as recognized in Thornton.

Weatherbed v. State, 271 Ga. 736, 737-738 ( 524 SE2d 452 ) (1999).

Weatherbed v. State, 271 Ga. 736, 737-738 ( 524 SE2d 452 ) (1999).

Johnson, P. J, and Ellington, J., concur. 1 OCGA § 17-7-71 (b) (1). 2 State v. Sterling, 244 Ga. App. 328, 330 (2) ( 535 SE2d 329 ) (2000). 3 See Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999) (“Without an indictment, the trial court had no jurisdiction to accept [the defendant’s] plea and sentence him”). 4 See id. at 739 (parties cannot confer subject matter jurisdiction on court “that does not otherwise have it,” and court cannot exercise such jurisdiction w…

“Parties cannot, by their consent, confer subject matter jurisdiction on a court that does not otherwise have it.” Weatherbed v. State, 271 Ga. 736, 739 ( 524 SE2d 452 ) (1999).

Jones is correct that his murder conviction would be void if entered prior to his indictment (Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999) (without indictment, trial court had no jurisdiction to accept guilty plea to murder and enter sentence)), but the record does not support Jones’s *569 contention that his conviction preceded indictment.

State, 271 Ga. 736,737-739 ( 524 SE2d 452 ) (1999). 6 Weatherbed, supra. 7 Smith, supra. 8 OCGA§ 17-7-70 (a). 9 See Millan v. State, 231 Ga. App. 121, 122 ( 497 SE2d 664 ) (1998); Ghai v. State, 219 Ga. App. 479, 480 ( 465 SE2d 498 ) (1995). 10 Supra. 11 See Caine v. State, 266 Ga. 421, 422 ( 467 SE2d 570 ) (1996). 12 Id.

Mayo v. State, 277 Ga. 645, 646 ( 594 SE2d 333 ) (2004); Weatherbed v. State, 271 Ga. 736, 736-737 ( 524 SE2d 452 ) (1999).

“When a trial court enters a judgment where it does not have jurisdiction, such judgment is a mere nullity; but an appeal from such an illegal judgment will not be dismissed but instead, the void judgment will be reversed.” (Citation and punctuation omitted.) Weatherhed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).

“In general parlance, malice murder is a capital felony. [Cit.]” Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).

Weatherbed v. State, 271 Ga. 736, 737 ( 524 SE2d 452 ) (1999); Webb v. Henlery, 209 Ga. 447, 448-449 ( 74 SE2d 7 ) (1953), overruled on other grounds, Garmon v. Johnson, supra, 243 Ga. at 857 .

(Cits.)’ [Cit.]” Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).

Compare Weatherbed v. State, 271 Ga. 736, 741 ( 524 SE2d 452 ) (1999) (Benham, C.

See Weatherbed v. State, 271 Ga. 736, 739-741 ( 524 SE2d 452 ) (1999) (Benham, C.

See Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).

See also Weatherbed v. *624 State, 271 Ga. 736, 738 , 524 S.E.2d 452 (1999).

See also Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).

See Weatherbed v. State, 271 Ga. 736, 738 ( 524 SE2d 452 ) (1999).