Shawn Davart Lockhart Jr. v. State
Docket A26A1633
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- A26A1633
Appeal from denial of a motion for an out-of-time appeal under OCGA § 5-6-39.1 following guilty pleas in a criminal case
Summary
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.
Issues Decided
- Whether the Court of Appeals had jurisdiction over an appeal when the notice of appeal was filed more than 30 days after the trial court's order denying an out-of-time appeal.
- Whether timely filing of a notice of appeal is a jurisdictional requirement under Georgia law.
Court's Reasoning
OCGA § 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the judgment or order to confer jurisdiction. The court applied that statutory deadline and precedent holding timely filing is an absolute jurisdictional requirement. Because Lockhart filed his notice 33 days after the trial court's order, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.
Authorities Cited
- OCGA § 5-6-38(a)
- OCGA § 5-6-39.1
- Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)
Parties
- Appellant
- Shawn Davart Lockhart Jr.
- Appellee
- The State
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Trial court order denying out-of-time appeal motion
- 2026-02-19
- Notice of appeal filed
- 2026-03-24
- Court of Appeals dismissal order
- 2026-04-08
What You Should Do Next
- 1
Consult appellate counsel
Speak with an appellate attorney promptly to evaluate whether any extraordinary relief, reinstatement, or other procedural avenue remains available given the jurisdictional dismissal.
- 2
Consider filing a petition for discretionary review
If there are exceptional circumstances, counsel can determine whether to seek review in the Georgia Supreme Court, but be aware such filings have strict standards and deadlines.
- 3
Evaluate trial-court remedies
Explore whether the trial court has any authority to reopen or extend time under applicable statutes or rules, and if new motions to the trial court are appropriate.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the notice of appeal was filed after the 30-day deadline, so the court lacked jurisdiction to hear the appeal.
- Who is affected by this decision?
- The appellant, Shawn Davart Lockhart Jr., is affected because his appeal of the trial court's denial of an out-of-time appeal will not be considered on the merits.
- What happens next for the appellant?
- Because the appeal was dismissed for lack of jurisdiction, the trial court's order denying the out-of-time appeal remains in place unless Lockhart seeks other extraordinary relief or successfully petitions for reinstatement of the appeal under applicable rules.
- Can this dismissal be appealed further?
- The dismissal was by the Court of Appeals for lack of jurisdiction; options may be limited but could include seeking relief in the Georgia Supreme Court if exceptional grounds exist, though timeliness and jurisdictional rules are strict.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 08, 2026
The Court of Appeals hereby passes the following order:
A26A1633. SHAWN DAVART LOCKHART JR. v. THE STATE.
In 2009, Shawn Davart Lockhart, Jr., pled guilty to armed robbery, kidnapping,
and possession of a firearm during the commission of a crime. In 2025, Lockhart filed
a motion for an out-of-time appeal based on OCGA § 5-6-39.1, which the trial court
denied on February 19, 2026. Lockhart filed a notice of appeal to this Court on March
24, 2026. We, however, lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the judgment or trial
court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely filing
of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.
Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Lockhart’s
notice of appeal was filed 33 days after entry of the trial court’s order, it is untimely.
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
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.