Court Filings

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 Eighth District Court of Appeals reviewed two Parma Municipal Court matters involving Michael C. Dunn. One case (drug charges) resulted in acquittal at trial, so the appeal is dismissed as moot. The court affirmed Dunn’s convictions for multiple traffic violations in the related traffic case. The appellate court held the municipal court had personal jurisdiction over Dunn because he was arrested, arraigned, and voluntarily continued to participate in proceedings, and it had subject-matter jurisdiction because the alleged infractions occurred in Broadview Heights and the traffic ticket satisfied rule requirements.

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.