McCarthy v. State

Summary

The Supreme Court of Georgia affirmed the denial of Rodney McCarthy’s request for an out-of-time appeal. The court held that his claims were barred by collateral estoppel because they had previously been litigated in habeas proceedings and earlier motions. The court also held that the later-discovered loss of portions of the trial transcript did not cause his failure to pursue a timely appeal.

Holdings

1. McCarthy's request for an out-of-time appeal was barred by collateral estoppel because the claims concerning the denial of his right to a direct appeal and ineffective assistance of counsel had been raised and resolved adversely in earlier proceedings.
2. The later-discovered absence of portions of the trial transcript did not entitle McCarthy to an out-of-time appeal because he had already failed to initiate an appeal years before the transcript was found to be unavailable and could not show harm resulting from its absence.

Questions Presented

1. Whether McCarthy's request for an out-of-time appeal was barred by collateral estoppel because the same claims had been resolved adversely in his prior habeas and post-conviction proceedings.
2. Whether the unavailability of portions of the trial transcript independently entitled McCarthy to an out-of-time appeal.

Disposition

affirmed