Ronnie Davis v. The State

Summary

The Georgia Court of Appeals vacated an order denying Ronnie Davis’s motion for an out-of-time appeal from his rape conviction and remanded for dismissal of the motion. Relying on Cook v. State and Rutledge v. State, the court held that such motions were no longer available in trial courts and that any remedy lay in habeas corpus.

Holdings

1. After the Georgia Supreme Court eliminated the judicially created out-of-time-appeal procedure, Davis had no right to file such a motion in the trial court; any available remedy lies in habeas corpus.
2. The trial court's order denying Davis's motion for an out-of-time appeal was vacated, and the case was remanded with directions to dismiss the motion.

Questions Presented

1. Whether the trial court properly denied, rather than dismissed, Davis's motion for an out-of-time appeal after the Georgia Supreme Court eliminated the judicially created out-of-time-appeal procedure.

Disposition

vacated