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Bass v. State

The decision in the defendant's prior appeal was binding with regard to the denial of his speedy trial plea in bar.

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James Lloyd Bass appeals following his conviction for driving under the influence of alcohol, driving with an unlawful blood alcohol level, failure to maintain lane, and possession of an open container of alcoholic beverage while operating a vehicle. He enumerates as error the trial court’s denial of his plea in bar based upon the alleged denial of his constitutional right to a speedy trial.1 In Bass v. State , 275 Ga. App. 259 620 SE2d 184 2005, however, this court affirmed the trial court’s denial of the same plea in bar. Although the ‘law of the case’ rule has been statutorily abolished, any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. This law of the case rule is not confined to civil cases, but applies also to rulings made by appellate courts in criminal cases. Citations and punctuation omitted. Pierce v. State , 278 Ga. App. 162, 163 1 628 SE2d 235 2006. As this court’s earlier decision is controlling, Bass’s appeal is without merit.

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