Hammond v. Georgia

Eugene Hammond appealed the trial court's denial of his motion in arrest of judgment. In 2000, Hammond was convicted superior court on charges of the felony murder of his son, the aggravated assault of his wife, and of making terroristic threats toward his wife. On March 10, 2000, he was sentenced to life in prison, and an additional prison term of ten years, to be served consecutively. The Supreme Court affirmed his convictions. On August 11, 2011, Hammond filed a motion in arrest of judgment, claiming that his indictment was void because it had failed to allege venue, and that he was improperly convicted of more than one crime arising from the same conduct. On November 1, 2011, the trial court denied the motion, finding that it was without jurisdiction to consider it because it was untimely, and expressly stating that the allegations in the motion were without merit. As "a trial court's ruling on a motion in arrest of judgment is normally directly appealable to whichever appellate court has subject-matter jurisdiction over the case," Hammond appealed to the Supreme Court. Finding that Hammond's motion in arrest of judgment was not filed in the term at
which the judgment was obtained, but more than eleven years later, and was thus untimely, the Supreme Court affirmed the trial court's judgment.