Court Filings

The Court of Appeals dismissed Steven Donald Lemery’s appeal from the trial court’s February 10, 2026 denial of his extraordinary motion for new trial. The court found it lacked jurisdiction because Lemery’s notice of appeal was filed 41 days after the order and therefore untimely under OCGA § 5-6-38(a), and because appeals from denials of extraordinary motions for new trial must proceed by discretionary appeal under OCGA § 5-6-35(a)(7). Because both timeliness and the required procedural route were lacking, the Court dismissed the appeal.

The Court of Appeals dismissed Jerome Locke’s appeal challenging the trial court’s dismissal of his 2024 request for credit for time served. Locke had pled guilty in 2018 and was sentenced to 20 years with 12 to be served in confinement. The trial court concluded it lacked jurisdiction because the Department of Corrections computes credit under OCGA § 17-10-12. The Court of Appeals held the appeal improper because the correct remedy is a mandamus action against prison officials; a motion filed in the criminal case is a nullity and not appealable.

The Court of Appeals dismissed Troy Rimes's appeal for lack of jurisdiction. Rimes was convicted after a jury trial and the trial court denied his motion for a new trial on August 17, 2023. After Rimes moved for an out-of-time appeal, the trial court vacated and re-entered its denial order on January 26, 2026. Rimes filed a notice of appeal on March 31, 2026, but because Georgia law requires a notice of appeal within 30 days of the order's entry and his notice was filed 64 days after re-entry, the Court of Appeals dismissed the appeal as untimely.

The Georgia Court of Appeals dismissed Jonathan D. Reed’s appeal challenging parts of his 2007 convictions and sentence. Reed had previously litigated the same challenge to his hijacking sentence and earlier appeals were dismissed or resolved, so the court found it lacked jurisdiction to relitigate those issues. The court also held that claims attacking the validity of a conviction or asserting merger of sentences are not properly raised in a motion to vacate as void, and Reed’s consecutive-sentence challenge did not present a colorable voidness claim because each sentence was within statutory limits.

The Georgia Court of Appeals dismissed Gustavo Cisneros’s appeal from the trial court’s denial of his 2026 motion to vacate a void sentence. Cisneros argued several convictions should have merged (attempt with armed robbery, sexual battery with aggravated battery, and burglary with armed robbery). The court held that merger challenges attack convictions, not sentences, and therefore are not properly raised in a motion to vacate a void sentence. Because the motion did not present a colorable void-sentence claim, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.

The Georgia Court of Appeals dismissed Austin Eugene Spargo's direct appeal from a trial court order revoking his probation because such appeals must be pursued by applying for a discretionary appeal under state law. The court explained that compliance with the discretionary-appeal procedure is jurisdictional, cited statute and precedent, and concluded it lacked jurisdiction to hear the direct appeal, so the appeal was dismissed.

The Georgia Court of Appeals dismissed the appeal of USMAN MOHSIN for failure to comply with filing rules. The appellant did not file the required enumeration of errors and brief within twenty days after docketing and ignored the court's March 31, 2026 order to file by April 10, 2026. Because the appellant still had not filed the materials as of April 23, 2026, the court deemed the appeal abandoned and dismissed it under the court's procedural rules.

The Court of Appeals dismissed Andre Latrell Burton’s appeal for lack of jurisdiction. Burton filed a notice of appeal on March 2, 2026 challenging the trial court’s November 5, 2025 denial of his 2024 motion to set aside his sentence. Because Georgia law requires a notice of appeal within 30 days of entry of the order and Burton’s notice was filed about four months late, the Court concluded it had no jurisdiction and dismissed the appeal without reaching the merits.

The Court of Appeals dismissed Willie Clarence Lee Jr.'s appeal from the trial court's December 4, 2025 dismissal of his motion to vacate, set aside, or reverse judgment because his notice of appeal, filed January 7, 2026, was untimely. The court explained that Georgia law requires a notice of appeal within 30 days of the judgment or order being appealed and that timely filing is an absolute jurisdictional requirement. Because Lee filed his notice 34 days after the order, the Court of Appeals lacked jurisdiction and dismissed the appeal without reaching the motion's merits.

The Court of Appeals dismissed Jimmy Wallace's appeal as premature. Wallace was convicted and filed a timely motion for new trial, then filed a motion to withdraw that motion and the next day filed a notice of appeal. Because the trial court had not yet ruled on the motion for new trial or the motion to withdraw it, the case remained pending below and the appellate court lacked jurisdiction under Georgia law. The court relied on statutory timing rules for appeals and precedent holding that the appellate clock does not start until the trial court finally disposes of a motion for new trial.

The Court of Appeals dismissed James Fields's appeal for lack of jurisdiction because the trial court record lacks a written disposition as to Count 2 (a firearm charge). Fields was convicted on Count 5 (attempted armed robbery) and Count 6 (firearm during a felony) and acquitted on Count 1, while Count 3 resulted in a mistrial and Counts 3 and 4 were dead-docketed. Under Georgia law, an appeal from a multi-count indictment is only ripe when each count has a written judgment; because Count 2 remains unresolved in the record, Fields needed to seek interlocutory review and did not, so the appeal was dismissed.

The Court of Appeals dismissed a duplicative cross-appeal filed by defendant Austin Luke Bradley. The State had appealed a trial court order granting Bradley's motion in limine; Bradley filed a timely cross-appeal challenging an earlier denial of his motion to suppress. Bradley later refiled the same notice of cross-appeal after the trial court re-entered its denial nunc pro tunc. Because that second filing duplicated an already pending cross-appeal in a separate docket number, the Court dismissed the later appeal as superfluous.

The Georgia Court of Appeals dismissed Dwayne Eugene Jackson’s direct appeal of his March 2026 guilty plea and 20-year sentence because the appeal was not filed under the state’s newly amended discretionary review procedure required for guilty pleas entered on or after May 14, 2025. The court explained that OCGA § 5-6-35 now requires such appeals to begin by application for discretionary review and that failure to follow that procedure is jurisdictional. Because Jackson did not comply, the court concluded it lacks jurisdiction and dismissed the appeal.

The Court of Appeals dismissed Roy Boone Bright's appeal from the trial court's denial of a December 2025 motion that sought to vacate his 2019 convictions and recidivist sentence. The court held Bright had no right to appeal because his filing improperly attempted to collaterally attack the validity of his convictions through a post-conviction motion that is not a permitted procedure in a criminal case. The court relied on Georgia Supreme Court precedent establishing that such efforts to set aside convictions by post-conviction motion are not appealable and therefore must be dismissed.

The Court of Appeals dismissed Jose Martin Islas's appeal for lack of jurisdiction. Islas had previously been convicted and had his convictions affirmed. He filed a motion to correct a void sentence that the trial court denied on October 16, 2025, and a later motion for reconsideration denied December 5, 2025. Islas filed a notice of appeal on December 22, 2025, which the Court found untimely because Georgia law requires a notice of appeal within 30 days of the challenged order and a reconsideration motion does not extend that deadline or create a separate appealable order.

The Georgia Court of Appeals dismissed Shawn Davart Lockhart Jr.'s appeal for lack of jurisdiction. Lockhart had pled guilty in 2009 and in 2025 sought an out-of-time appeal under OCGA § 5-6-39.1; the trial court denied that motion on 2026-02-19. Lockhart filed a notice of appeal on 2026-03-24, but the Court of Appeals held the notice was untimely because it was filed 33 days after entry of the order and thus did not satisfy the 30-day filing requirement. Because timely filing of a notice of appeal is jurisdictional, the court dismissed the appeal.

The Court of Appeals dismissed Marvin Hillman III’s discretionary application challenging the denial of his 2025 extraordinary motion for a new trial because the application was untimely. Hillman sought review of the trial court’s December 17, 2025 order but filed his discretionary application to this Court on March 20, 2026, which was 93 days after the order. The Court held it lacks jurisdiction where a discretionary application is not filed within the 30-day period required by OCGA § 5-6-35(d), and therefore dismissed the application for failure to comply with the statute's jurisdictional deadline.

The Georgia Court of Appeals dismissed an interlocutory application by defendant Calvin Lewis Neal challenging a trial court’s December 22, 2025 order that vacated a prior suppression ruling and denied his motion to suppress. The Court held it lacked jurisdiction because the trial court’s certificate of immediate review was not entered within ten days of the December 22 order as required by OCGA § 5-6-34(b). The Court explained the ten-day certificate requirement is jurisdictional and instructed the trial court on how to allow interlocutory review (vacate and re-enter the order and then promptly issue a certificate).

The Court of Appeals dismissed Victor Oswald Robinson Jr.'s original mandamus petition because the court lacks jurisdiction. Robinson filed in the Supreme Court of Georgia seeking an order requiring the trial court to rule on pretrial pro se motions; the Supreme Court transferred the matter to the Court of Appeals. The Court of Appeals held that a party seeking mandamus against a superior court judge must first pursue relief in the superior court itself and that this case does not present the extremely rare circumstances that would justify invoking the Court of Appeals' original jurisdiction. The petition was dismissed for lack of jurisdiction.

The Court of Appeals dismissed an appeal by E. Marcellus Windhom challenging the trial court’s November 19, 2025 order that dismissed his motion for leave to file an out-of-time motion for new trial. Windhom filed his notice of appeal on February 12, 2026, 85 days after the order, but Georgia law requires a notice of appeal within 30 days. Because timely filing of a notice of appeal is a jurisdictional requirement, the Court concluded it lacked jurisdiction and dismissed the appeal.

The Georgia Court of Appeals dismissed Reginald Harvey’s application for discretionary appeal from the trial court’s December 30, 2025 denial of his motion to correct sentence because the application was filed beyond the 30-day statutory deadline. Harvey had been convicted in 2016 and previously sentenced as a recidivist; he sought to challenge that sentence as void. The court held it lacks jurisdiction to consider untimely discretionary applications under OCGA § 5-6-35(d) and relevant precedent, so Harvey’s March 10, 2026 filing (70 days after the order) was dismissed for lack of jurisdiction.