Legal Opinion

Kemp v. State

Supreme Court of Georgia

Decided April 15, 2013No. S13A0600PublishedCited by 9 opinions

1Opinion of the Court

Blackwell, Justice.

In July 2010, Daniel Kemp, who was represented by a lawyer, pled guilty to murder and several other offenses. More than two years later, Kemp, now representing himself, filed a motion for out-of-time appeal, contending that venue was neither properly alleged in the indictment nor proven beyond a reasonable doubt, that the murder counts of the indictment failed to allege the necessary element of intent, and that he was improperly convicted and sentenced for offenses that should have merged into the murder conviction. The trial court denied Kemp’s motion, explaining that Kemp…

2Cases cited4 opinions

  1. Neal v. StateSupreme Court of Georgia · 2012
  2. Simmons v. StateSupreme Court of Georgia · 2003
  3. Stephens v. StateSupreme Court of Georgia · 2012
  4. McMullen v. StateSupreme Court of Georgia · 2013

3Cited by9 opinions

  1. Mims v. StateSupreme Court of Georgia · 2016
  2. Grace v. StateSupreme Court of Georgia · 2014
  3. Shuman v. StateSupreme Court of Georgia · 2017
  4. Owens v. StateCourt of Appeals of Georgia · 2013
  5. Faircloth v. StateCourt of Appeals of Georgia · 2014

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