Marcus A. Watkins v. Ralph Cherry, Warden of the Robert A. Deyton Correctional Facility

Summary

The Georgia Court of Appeals dismissed Marcus A. Watkins’s appeal for lack of jurisdiction because he filed his notice of appeal 16 days after the court granted his discretionary-appeal application, rather than within the required 10-day period. The court held that timely filing of the notice of appeal is an absolute jurisdictional requirement under OCGA §§ 5-6-35(g) and 5-6-48(b)(1).

Holdings

1. A notice of appeal filed after the ten-day period specified in the order granting a discretionary appeal is untimely and fails to confer jurisdiction on the Court of Appeals.

Questions Presented

1. Whether the Court of Appeals had jurisdiction when Watkins filed his notice of appeal sixteen days after the order granting discretionary review, rather than within the required ten-day period.

Disposition

dismissed