Barnes v. Georgia
Annotate this CaseAppellant Joseph Barnes was found guilty of malice murder in 1993. His conviction was affirmed but his death sentence vacated based on a finding that the trial court improperly restricted the scope of mitigating evidence at sentencing. After remand for resentencing, Appellant moved for a sentencing agreement in exchange for the State's withdrawing the death penalty. In 1999 pursuant to that agreement, Appellant was sentenced to life without parole. Appellant subsequently made a pro se motion for an out-of-time appeal which was denied. He appealed that denial, contending his sentence for malice murder was illegal. In 2012, Appellant asked for appointed counsel to withdraw his plea. Finding that because the sentences were imposed in 1993 and 1999, Appellant's 2012 motion was untimely filed, leaving the trial court without jurisdiction to hear his appeal. The Supreme Court affirmed denial of Appellant's motion.
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