Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Jensen v. The State

Court vacates order dismissing defendant's pro se motion to modify or reduce his sentence and remands for trial court's application of new precedent on a pro se motion

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mercier, Chief Judge. Cody Jensen appeals the dismissal of his pro se motion to modify/reduce the sentence for his convictions of two counts of child molestation, two counts of sodomy, and one count of statutory rape.[1] The trial court dismissed the motion, stating that Jensen was “currently represented by Patrick Chisholm of the South Georgia Judicial Circuit Office of the Public Defender. In accordance with [a] holding from the Supreme Court of Georgia, ‘a layperson does not have the right to represent himself and also be represented by an attorney.’” However, while Jensen’s appeal was pending, the Supreme Court of Georgia issued Johnson v. State, 315 Ga. 876 (885 SE2d 725) (2023), overruling its prior decisions that held that a pro se filing by a counseled defendant is always a legal nullity.[2] See id. at 877. Pursuant, to Johnson, trial courts retain discretion to allow a counseled defendant to also represent him or herself in a “hybrid representation.” Id. at 876. Accordingly, trial courts now retain “discretion to recognize a timely and otherwise procedurally proper pro se filing made by a defendant who is still formally represented by counsel.” Id at 890 (4) (footnote omitted). In this case, the trial court’s order applies the absolute rule rejected by Johnson. As such, we must vacate the order and remand this case for the trial court to exercise its discretion to determine whether to recognize and rule on Jensen’s postconviction motion. See Johnson, 315 Ga. at 892 (5). Judgment vacated and case remanded with direction. Miller, P. J., and Hodges, J., concur.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
San Francisco Labor & Employment Senior Litigation Associate

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements