Willie Clarence Lee, Jr. v. State
Docket A26A1648
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- A26A1648
Appeal from the trial court's dismissal without prejudice of a motion to vacate, set aside, or reverse judgment following a 2014 criminal conviction
Summary
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.
Issues Decided
- Whether the appeal was timely under OCGA § 5-6-38(a)
- Whether the Court of Appeals had jurisdiction to consider an untimely notice of appeal
Court's Reasoning
Georgia law (OCGA § 5-6-38(a)) requires a notice of appeal within 30 days of the entry of the order or judgment being appealed. Timely filing of a notice of appeal is an absolute prerequisite to confer jurisdiction on the Court of Appeals. Because Lee filed his notice 34 days after the trial court's order, the court lacked jurisdiction to consider the appeal and therefore dismissed it without addressing substantive arguments.
Authorities Cited
- OCGA § 5-6-38(a)
- Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)
Parties
- Appellant
- Willie Clarence Lee, Jr.
- Appellee
- The State
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Original conviction year
- 2014-01-01
- Trial court order dismissing motion
- 2025-12-04
- Notice of appeal filed
- 2026-01-07
- Court of Appeals decision
- 2026-04-23
- Prior Court of Appeals affirmation (unpublished)
- 2019-01-17
What You Should Do Next
- 1
Consult an appellate attorney immediately
An attorney can review filings and deadlines to determine whether any narrow statute, rule, or equitable basis exists to seek reinstatement or other relief.
- 2
Confirm filing dates and records
Collect and verify exact dates of the trial court order and the notice of appeal, and obtain certified docket entries to ensure there was no clerical error about the filing date.
- 3
Consider alternative post-conviction remedies
If appeal remedies are exhausted, discuss with counsel whether other motions or petitions (for example, state habeas or other collateral relief) might be available and timely.
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 had no jurisdiction to hear the case.
- Who is affected by this decision?
- Appellant Willie Clarence Lee Jr. is directly affected because his appeal was dismissed; the State is unaffected and the trial court's order stands.
- What happens next for Lee?
- Because the appellate court dismissed the appeal for being untimely, Lee may have limited options; he could explore whether any narrow statutory exceptions or other remedies exist, but an untimely notice generally cannot be cured.
- Why did timing matter?
- Georgia law requires a notice of appeal within 30 days of the order being appealed, and that requirement is mandatory for the appellate court to have jurisdiction.
- Can this dismissal be appealed further?
- Appealing a dismissal for lack of jurisdiction is unlikely to succeed absent a basis showing the notice was timely or an applicable exception; consulting counsel promptly is advisable to evaluate any remaining options.
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 23, 2026
The Court of Appeals hereby passes the following order:
A26A1648. WILLIE CLARENCE LEE, JR. v. THE STATE.
In 2014, a jury convicted Willie Clarence Lee, Jr., of two counts of rape, two counts of
statutory rape, and four counts of child molestation. This Court affirmed his conviction in an
unpublished opinion. See Lee v. State, Case No. A18A1940 (Jan. 17, 2019). In November 2025, Lee
filed a motion to vacate, set aside, or reverse judgment. On December 4, 2025, the trial court
dismissed the motion without prejudice and on January 7, 2026, Lee filed a notice of appeal. We lack
jurisdiction.
Pretermitting the substantive issues raised by this appeal, 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
Lee’s notice of appeal was filed 34 days after entry of the trial court’s order, it is untimely.
Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
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.