Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 18, 2026 The Court of Appeals hereby passes the following order: A27A0395. SHAWN DAVERT LOCKHART JR. v. THE STATE. In 2009, Shawn Davert Lockhart, Jr., pled guilty to armed robbery, kidnapping, and possession of a firearm during the commission of a crime. In January 2021, Lockhart filed a motion for leave to file an out-of time appeal, and the trial court dismissed the motion. We dismissed Lockhart’s appeal of that ruling, relying on Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022). Case No. A22A1488 (Jun. 29, 2022). Then in October 2025, Lockhart filed a motion for an out-of-time appeal based on OCGA § 5-6-39.1, which the trial court denied on res judicata grounds on February 19, 2026. On March 24, 2026, Lockhart filed a notice of appeal of the February 19, 2026 order, but we dismissed the appeal because it was untimely filed. Case No. A26A1633 (Apr. 8, 2026). On May 14, 2026, Lockhart again attempted to appeal the February 19, 2026 order, but we dismissed the appeal because it was untimely. Case No. A26A2058 (June 11, 2026). On June 25, 2026, Lockhart filed in the trial court a motion to vacate the February 19, 2026 order on the basis that it was void. The trial court denied the motion, and Lockhart filed this appeal. However, this appeal is barred because Lockhart’s challenge to the February 19, 2026 order could have been litigated in his prior appeals in Case Nos. A26A1633 and A26A2058. See Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001) (a party “is not entitled to another bite at the apple by way of a second appeal”); Ross v. State, 310 Ga. App. 326, 327 (713 SE2d 438) (2011) (dismissal of previous appeal constitutes the binding law of the case, even though the appeals court did not reach the merits of the claim in the prior case); Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464) (2000) (“It is axiomatic that the same issue cannot be relitigated ad infinitum. The same is true of appeals of the same issue on the same grounds.”). Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/18/2026 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.