Tolbert v. Toole

Nahmias, Justice.

In 2009, a jury found David Tolbert guilty of armed robbery and other crimes, and he was sentenced to life in prison. The Court of Appeals affirmed his convictions on direct appeal. See Tolbert v. State, 313 Ga. App. 46 (720 SE2d 244) (2011). Tolbert then filed a petition for habeas corpus alleging, among other things, that his pro se notice of appeal from the trial court’s pretrial oral ruling denying his motion for discharge and acquittal had never been resolved and therefore deprived the court of jurisdiction to try him, rendering his resulting judgments of conviction…