Marquet Donald v. The State

Summary

The Georgia Court of Appeals dismissed Marquet Donald's appeal from the denial of his pro se motion for an out-of-time appeal. Because Donald's convictions had already been reviewed on direct appeal, the court held that he was not entitled to an out-of-time appeal and that the denial was not appealable.

Holdings

1. An out-of-time appeal is not available to a criminal defendant whose conviction has already been reviewed by an appellate court on direct appeal because the defendant is not entitled to a second direct appeal from the judgment of conviction.
2. The denial of a motion for an out-of-time appeal is not subject to appeal when the defendant has already had a direct appeal.

Questions Presented

1. Whether a criminal defendant who has already obtained direct appellate review of his convictions may obtain an out-of-time appeal.
2. Whether the denial of a motion for an out-of-time appeal is appealable when the defendant has already had a direct appeal.

Disposition

dismissed