Legal Opinion

Burke v. State

Court of Appeals of Georgia

Decided June 22, 2005No. A05A0370PublishedCited by 4 opinions

1Opinion of the Court

Barnes, Judge.

Thomas E. Burke appeals the trial court’s denial of his “Extraordinary Motion for Correcting a Void Sentence.” He contends the trial *403court erred by denying his motion because a life sentence was not authorized for his rape conviction.1 We disagree, and affirm.

The record shows that after Burke was convicted of rape, aggravated sodomy, aggravated assault, and false imprisonment, he appealed and this court affirmed his conviction in Burke v. State, 186 Ga. App. 335 (367 SE2d 118) (1988). He did not raise in his direct appeal the issue that he asserted in this motion. Id.

Some time…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Jones v. StateSupreme Court of Georgia · 2004
  3. Crumbley v. StateSupreme Court of Georgia · 1991
  4. Williams v. StateSupreme Court of Georgia · 1999
  5. Peachtree-Cain Co. v. McBeeSupreme Court of Georgia · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Harrison v. StateCourt of Appeals of Georgia · 2012
  2. Hill v. StateCourt of Appeals of Georgia · 2011
  3. Shakrystin Brinae Brown v. StateCourt of Appeals of Georgia · 2016
  4. Gillespie v. StateCourt of Appeals of Georgia · 2011

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