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Williams v. State

The trial court lacked authority to vacate or alter its prior judgment denying the defendant's motion to suppress certain evidence, since the Court of Appeals had dismissed the defendant's second appeal of that denial and the trial court's prior judgment was thus affirmed as a result of that dismissal.

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David Timothy Williams filed a motion to suppress a photographic lineup which led to his arrest for armed robbery. Following a hearing, the Superior Court of Laurens County denied Williams’ motion, and Williams appeals. Because we lack jurisdiction, we dismiss Williams’ appeal.

1. Although not addressed by the parties, we are obligated to question our jurisdiction in all cases in which there may be any doubt regarding the existence of such jurisdiction. Bandy v. Elmo, 280 Ga. 221 626 SE2d 505 2006; Canoeside Properties. v. Livsey, 277 Ga. 425, 426 1 589 SE2d 116 2003. This is Williams’ third attempt to appeal the trial court’s denial of his motion to suppress. Following the trial court’s initial order denying his motion and a subsequently issued certificate of immediate review, Williams’ first attempted appeal failed for want of a notice of appeal after we granted his application for interlocutory appeal.1 At that point, the trial court vacated its initial order denying Williams’ motion and entered an identical order and a second certificate of immediate review.2 However, Williams’ second attempt to appeal resulted in a dismissal due to his failure to file a brief and enumeration of errors in this Court after we granted his second application for interlocutory appeal. See Court of Appeals Rules 13, 22, 23 a, and 25 a. Thereafter, the trial court again vacated its order denying Williams’ motion to suppress and again entered an identical order in an apparent effort to provide Williams with an opportunity to appeal. Despite the absence of a certificate of immediate review, we granted Williams’ application for interlocutory appeal.

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