Supreme Court of Georgia

Polanco v. State

April 19, 2022313 Ga. 598

Summary

The court vacated the trial court’s order denying Polanco’s motion for an out-of-time appeal and remanded for dismissal of that motion because trial courts lack jurisdiction to decide such motions on the merits. The court advised that any later appeal from the judgment of conviction would likely be untimely and that a constitutional denial-of-appeal claim might instead be pursued through habeas corpus.