von Thomas v. Georgia
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Jerry von Thomas was convicted of a felony and sentenced to a term of imprisonment. Because he previously had been convicted of three other felonies, he was sentenced as a recidivist. Years later, von Thomas moved the sentencing court to vacate his sentence, claiming that he should not have been sentenced as a recidivist because he was denied the assistance of counsel in connection with one of his prior convictions. The sentencing court denied his motion on the merits, and the Court of Appeals
affirmed. Upon review, the Supreme Court concluded the sentencing court had jurisdiction over the motion only to the extent that von Thomas presented a cognizable claim that his sentence was void. Because von Thomas did not present a cognizable claim, his motion should have been dismissed for lack of jurisdiction, and no court should have reached the merits. Accordingly, the Supreme Court vacated the decision of the Court of Appeals and remanded the case for the motion to be dismissed.
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