Hollmon v. GeorgiaAnnotate this Case
In 2004, the Georgia Supreme Court affirmed Stanley Hollmon's conviction for malice murder, and held his convictions for criminal attempt to commit armed robbery and felony murder had been vacated. More than a decade later, the trial court entered a sentence on the vacated criminal attempt count. Following that resentencing, in March 2018, Hollmon filed a motion for new trial seeking to raise claims that the indictment was defective and that trial counsel was ineffective for failing to raise the issue. Without specifying whether it was denying or dismissing that motion, the trial court applied the Supreme Court's holding in Walker-Madden v. Georgia, 804 SE2d 8 (2017), and ruled that Hollmon could not assert the claims because he should have raised them in his first appeal. Hollmon challenged that ruling. Because the trial court’s resentencing was a nullity, Hollmon was not permitted a motion for new trial from the resentencing. The Supreme Court construed the trial court’s ruling as a dismissal of Hollmon’s motion and affirmed. The Court vacated the trial court's sentencing order for want of jurisdiction.