Cody v. State, 592 S.E.2d 419 (Ga. 2004). · Go Syfert
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Cody v. State, 592 S.E.2d 419 (Ga. 2004). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 2 distinct courts.
Strongest positive: Cook v. State (ga, 2022-03-15)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 21 distinct citers.
discussed Cited as authority (rule) Cook v. State (2×)
Ga. · 2022 · confidence medium
See Carr v. State, 281 Ga. 43, 43-44 (635 SE2d 767) (2006) (extensively quoting Rowland and directing Carr that, “should she wish to appeal her convictions, she must file a request for an out-of-time appeal in the trial court”); Cody v. State, 277 Ga. 553, 554 (592 SE2d 419) (2004) (stating that Cody “has the option of applying for an out-of-time appeal in the court of conviction”); Fulton v. State, 277 Ga. 126 (587 SE2d 20) (2003) (“Fulton may seek an out-of-time appeal in the trial court.”); Wicks v. State, 277 Ga. 121, 122 (587 SE2d 21) (2003) (“If Wicks wishes to pursue appel…
cited Cited as authority (rule) Collier v. State
Ga. · 2019 · confidence medium
(Citation, punctuation and emphasis omitted.) Cody v. State, 277 Ga. 553, 553 ( 592 SE2d 419 ) (2004).
discussed Cited as authority (rule) Duke v. State
Ga. · 2019 · confidence medium
See, e.g., Crosson v. Conway, 291 Ga. 220, 221-222 (2) ( 728 SE2d 617 ) (2012) (noting that both a timely notice of appeal filed in the trial court and a timely application for certificate of probable cause filed in this Court are necessary to invoke this Court’s jurisdiction over an appeal from the denial of a petition for habeas corpus pursuant to OCGA § 9-14-52 (b)); Cody v. State, 277 Ga. 553, 553 ( 592 SE2d 419 ) (2004) (holding that compliance with the deadline for filing a notice of appeal set forth in OCGA § 5-6-38 (a) is an “absolute requirement” to confer jurisdiction on an a…
cited Cited as authority (rule) Hood v. State
Ga. Ct. App. · 2006 · confidence medium
Waddell v. State, supra, 277 Ga. at 778-779 (5); Dunson v. State, 275 Ga. App. 515, 517 (2) ( 621 SE2d 525 ) (2005).
discussed Cited "see" Clark v. State (2×)
Ga. · 2020 · signal: see · confidence high
See Cody v. State, 277 Ga. 553, 553 ( 592 SE2d 419 ) (2004) (if a defendant is granted an out-of-time appeal and “wishes to pursue post- conviction relief in the appellate courts,” he “has 30 days from the grant to file a notice of appeal to the appellate court with subject-matter jurisdiction”). 2 2.
examined Cited "see" Don Alexander v. State (3×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See generally Collier v. State, __ Ga. __ (1) ( 834 SE2d 769 ) (2019). 2 The State filed a motion to set aside this order, but the trial court denied the State’s motion. time appeal who wishes to pursue post-conviction relief in the appellate courts has 30 days from the grant to file a notice of appeal to the appellate court with subject- matter jurisdiction.” Cody v. State, 277 Ga. 553, 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see" Moore v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Cody v. State , 277 Ga. 553 , 592 S.E.2d 419 (2004).
discussed Cited "see" Moore v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see" Labrew v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
OCGA § 5-6-38 (a) (a notice of appeal must he filed within 30 days after entry of appealable decision or judgment complained of); see Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004) (the proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court).
discussed Cited "see" Ricky Labrew v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
Having set forth that procedural background, LaBrew gave two “grounds” for granting his motion for an out-of-time appeal: 3 OCGA § 5-6-38 (a) (a notice of appeal must be filed within 30 days after entry of appealable decision or judgment complained of); see Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004) (the proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court). 2 that the Defendant was denied a hearing for the Motion for Reconsideration which was recognized by the State as a Motion for Modification of Sentence pur…
discussed Cited "see" Davis v. State (2×)
Ga. · 2006 · signal: see · confidence high
See generally Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004), Gulledge, supra. Accordingly, we reverse the Court of Appeals with direction that it dismiss the appeal.
discussed Cited "see, e.g." Petra Beatty v. Trace T. Palmer (2×)
Ga. Ct. App. · 2022 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Eddie Green v. Melvin Richards (2×)
Ga. Ct. App. · 2014 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Alexander C. Hitz v. First Horizon (2×)
Ga. Ct. App. · 2014 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Deborah M. Williamson v. Chase Home Finance (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Glenda L. Dalton v. Lake Arrowhead Yacht and Country Club, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Tamara B. Grissom v. Aaa Partners in Adoption, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Tramaine Miller v. City Views at Rosa Burney Park Gp, LLC (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence low
An order granting an extension of more than 30 days to file a notice of appeal is “an ineffective nullity.” Parker v. State, 156 Ga. App. 299, 300 ( 274 SE2d 694 ) (1980); see also Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004); Rockdale County v. Water Rights Committee, 189 Ga. App. 873 ( 377 SE2d 730 ) (1989).
discussed Cited "see, e.g." Steven L. McCauley v. Suntrust Mortgage Inc. (2×)
Ga. Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Griffin Builders v. Synovus Bank (2×)
Ga. Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e. g., Cody v. State, 277 Ga. 553 ( 592 SE2d 419 ) (2004).
discussed Cited "see, e.g." Gable v. State (2×)
Ga. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Cody v. State, 277 Ga. 553, 553 ( 592 SE2d 419 ) (2004); Gulledge v. *83 State, 276 Ga. 740, 741 ( 583 SE2d 862 ) (2003); Legare v. State, 269 Ga. 468, 469 ( 499 SE2d 640 ) (1998); Rowland v. State, 264 Ga. 872, 872 ( 452 SE2d 756 ) (1995).
Cody
v.
the State
S03A1594.
Supreme Court of Georgia.
Feb 2, 2004.
592 S.E.2d 419
Eldridge Suggs IV, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.
Benham.
Cited by 27 opinions  |  Published
Benham, Justice.

Appellant was sentenced to life imprisonment after being convicted of felony murder, with the underlying felony being aggravated assault, in connection with the death of Clarence Weaver. His appeal from that conviction was filed in this Court.

It is the duty of this court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. [Cit.] The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. [Cit.] OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of the judgment complained of, or within 30 days after the entry of the order finally disposing of a motion for new trial.

(Citation and punctuation omitted.) Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995).

In the case at bar, the trial court denied appellant’s motion for new trial in an order filed May 26,1999. No notice of appeal was filed within 30 days of that order, but appellant was granted an out-of-time appeal on March 26, 2002. An out-of-time appeal is a judicial creation that provides a remedy for the loss, occasioned by error of counsel, of a criminal defendant’s right of appellate review of his conviction. Id. at 875. The grant of an out-of-time appeal is “permission to pursue the post-conviction remedies which would be available at the same time as a direct appeal.” Ponder v. State, 260 Ga. 840, 841 (1) (260 SE2d 840) (1991). A defendant granted an out-of-time appeal who wishes to pursue post-conviction relief in the appellate courts has 30 days from the grant to file a notice of appeal to the appellate court with subject-matter jurisdiction. Rowland v. State, supra, 264 Ga. at 876; Bodiford v. State, 238 Ga. App. 531 (517 SE2d 356) (1999). [1]

Appellant did not file a notice of appeal within 30 days of the order granting him the out-of-time appeal. Instead, appellant filed a pro se motion for out-of-time appeal which the trial court denied on March 4, 2003, because it was redundant of the motion for out-of-time appeal already granted. The trial court’s March 4 order also ordered appellant to file a notice of appeal by April 1, 2003. Appellant filed a notice of appeal on March 20, within the deadline set by[*554] the trial court.

Decided February 2, 2004. Eldridge Suggs IV, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.

A trial court may grant an appellant an extension of time in which to file a notice of appeal (OCGA § 5-6-39 (a) (1)), but only one extension may be granted and it “shall not exceed the time otherwise allowed for the filing of the notices initially.” OCGA § 5-6-39 (c). The trial court’s order requiring appellant to file a notice of appeal by April 1 effectively granted appellant an 11-month extension of time in which to file the notice of appeal. However, the trial court was without statutory authorization to grant an extension of time in excess of that permitted by OCGA § 5-6-39 (c). Aldridge v. State, 188 Ga. App. 729 (374 SE2d 223) (1988); Parker v. State, 156 Ga. App. 299, 300 (274 SE2d 694) (1980). See also Colbert v. State, S02A1900 (9/16/02) (appeal dismissed as untimely because trial court lacked authority to enter an order extending time in which appellant could appeal the denial of the motion for out-of-time appeal) (unpublished order); Moore v. State, S01A0555 (1/19/01) (trial court’s order granting out-of-time appeal and giving appellant 60 days to file notice of appeal vacated because trial court not authorized to grant appellant 60 days in which to file notice of appeal) (unpublished order).

Inasmuch as the notice of appeal was not timely filed, the appeal must be dismissed. Since appellant is a represented criminal defendant whose appeal suffers a procedural deficiency that has deprived him of the right of appellate review of the judgment of conviction, he has the option of applying for an out-of-time appeal in the court of conviction and filing a notice of appeal within 30 days of the order granting or denying his motion. Rowland v. State, supra, 264 Ga. at 875.

Appeal dismissed.

All the Justices concur.
1

In essence, “the grant of an out-of-time appeal is the functional equivalent of the entry of a judgment.” Fairclough v. State, 276 Ga. 602, 603 (1) (581 SE2d 3) (2003).