Schoicket v. State, S18A0632
Decision Date | 20 August 2018 |
Docket Number | S18A0632 |
Citation | 304 Ga. 255,818 S.E.2d 561 |
Parties | SCHOICKET v. The STATE. |
Court | Georgia Supreme Court |
Rebecca Dawn Schoicket, GDC# 1001888170, Lee Arrendale State Prison, PO Box 709, Alto, Georgia 30510-0709, for Appellant.
Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Layla Hinton Zon, District Attorney, ALCOVY JUDICIAL CIRCUIT DISTRICT ATTORNEY'S OFFICE, 1132 Usher Street, N.W., Suite 313, Covington, Georgia 30014, Walter Cliff Howard, Deputy Chief A.D.A., ALCOVY JUDICIAL CIRCUIT DISTRICT ATTORNEY'S OFFICE, 303 S. Hammond Drive, Suite 334, Monroe, Georgia 30655, for Appellee.
Rebecca Dawn Schoicket appeals the denial of her "Motion for Documents and Records at Government Expense." We dismiss the appeal.
In 2015, Schoicket pled guilty to, inter alia, felony murder and was sentenced to life imprisonment plus five years; she did not appeal. In June 2017, Schoicket filed a "Motion for Documents and Records at Government Expense," wherein she sought a copy of the transcript of her guilty plea, any audio- and video-recorded interviews, and various documents that, she said, were necessary for "post-conviction relief." The trial court denied the motion, and Schoicket filed a timely notice of appeal.
(Citations and punctuation omitted.) McDowell v. Balkcom, 246 Ga. 611, 272 S.E.2d 280 (1980). Here, we are well outside the time for appeal, and Schoicket has failed to make any showing of necessity or justification. See Shelby v. McDaniel, 266 Ga. 215, 215, 465 S.E.2d 433 (1996...
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...as a nullity, the appeal should be dismissed rather than the trial court's judgment being affirmed. See, e.g., Schoicket v. State , 304 Ga. 255, 255, 818 S.E.2d 561 (2018) (dismissing an appeal regarding a criminal defendant's motion for a free copy of the records in her case, after the tim......
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