Rutledge v. State

Summary

The Supreme Court of Georgia vacated the trial court’s denial of Marcus Rutledge’s out‑of‑time appeal and remanded for an evidentiary hearing on whether ineffective assistance of plea counsel caused his untimely appeal, while affirming the denial of his request for a free copy of his case file and transcript because he failed to show necessity. The Court applied the post‑Collier rule that a factual hearing is required when a defendant alleges counsel’s ineffective assistance as the excuse for missing the appeal deadline.