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Beasley v. State

The doctrine of res judicata precluded re-litigation of the claims the defendant raised in his amended motion for an out-of-time appeal following his guilty pleas to felony murder and possession of a knife during the commission of a crime and the trial court therefore properly denied the motion.

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John David Beasley files this pro se appeal from the denial of his amended motion for an out-of-time appeal following the entry of guilty pleas for felony murder and possession of a knife during the commission of a crime. For the reasons that follow, we affirm.

On May 12, 2004, a Gwinnett County grand jury indicted Beasley for malice murder, two counts of felony murder, aggravated assault, burglary, and two counts of possession of a knife during the commission of a crime, all in connection with the death of Beasley’s former girlfriend, Sylvia Saye. On September 30, 2004, his appointed attorney, Raymon Burns, filed a “Petition for Psychiatric Evaluation,” which the trial court granted; the evaluation found Beasley competent to stand trial and to be held criminally responsible for his actions. At Beasley’s request, Burns was replaced by Robert Greenwald as his appointed attorney. On September 18, 2006, Beasley entered negotiated guilty pleas to felony murder Count II and possession of a knife during the commission of a crime Count VI.

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