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William Hawkinsv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A2359
DecidedJanuary 23, 2015
Reporter330 Ga. App. 547; 768 S.E.2d 523; 2015 Ga. App. LEXIS 10
JudgesCourt of Appeals of Georgia; Presiding Judge Doyle, Judge Miller, and Judge Dillard
Tags
CivilGovernment LawCivil ProcedureStatutory InterpretationSex CrimesVacaturRemandTales From the Crypt
Case Summary

William Hawkins sought removal from Georgia’s sex-offender registration requirements after entering a nolo contendere plea in Florida as a juvenile to attempted sexual battery. The trial court dismissed his first petition for failure to file a civil case-initiation form and later dismissed his second petition under OCGA § 42-1-19(b)(3), which bars a new petition within two years after a prior petition is denied. On discretionary appeal, the Court of Appeals noted that the record contained neither the first dismissal order nor Hawkins’s motion to set it aside; it treated the first petition as dismissed, not denied, either voluntarily or without prejudice for failure to prosecute. Because the statutory bar applies only when a prior petition was denied on the merits, the trial court erred in dismissing the second petition without reaching its merits. The court vacated that dismissal and remanded for adjudication of the second petition on the merits.

Opinion

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