Kelly v. State

Summary

The court held that a defendant who previously litigated a motion for new trial may not file a second motion after obtaining an out-of-time appeal unless the second motion raises previously unavailable claims of ineffective assistance of trial counsel. Because the second motion was unauthorized, it did not toll the deadline for filing a notice of appeal, making Kelly's appeal untimely and requiring dismissal. The dismissal was without prejudice to seeking a second out-of-time appeal.