Sessions v. Georgia
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In 2010, appellant Calvin Sessions unsuccessfully sought an out-of-time appeal on appellant's petition for the writ of habeas corpus. Upon considering the evidence presented at the hearing, the underlying trial record, and the habeas corpus record, the trial court denied the motion finding that after his conviction, appellant told his trial counsel he did not want any Dougherty County attorneys to represent him and that he and his family would seek representation from other counsel. As such, the trial court concluded appellant had waived his right to appeal through his own conduct. Since the habeas court found that appellant had forfeited his right to appeal through his own inaction and the habeas court decided the issue of ineffective assistance of counsel adversely to appellant, he was precluded under the doctrine of collateral estoppel from re-litigating the merits of the issue. Accordingly, the Supreme Court concluded that the trial court did not err when it denied appellant's motion for out-of-time appeal.
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