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GA HB126
Bill
Status
Engrossed
3/6/2023
Primary Sponsor
Tyler Smith
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AI Summary
- Expands the definition of "final judgment" for direct appeal purposes to include orders in criminal cases with multiple-count indictments where fewer than all counts are adjudicated and the remainder are dead docketed
- Adds direct appeals from guilty pleas to the list of cases requiring an application for appeal under Code Section 5-6-35
- Creates a new out-of-time remedy (Code Section 5-6-39.1) allowing criminal defendants to seek an out-of-time motion for new trial or notice of appeal within 100 days of the expired filing deadline, upon showing consent of the state, excusable neglect, deficient performance of counsel, or other good cause
- Provides a special remedy until June 30, 2025, for defendants whose out-of-time motions were dismissed based on the Georgia Supreme Court's decision in Cook v. State, 313 Ga. 471 (March 15, 2022), allowing them to refile
- Requires the state be given at least 10 days to respond and present evidence when a defendant substantially amends a motion for new trial in criminal proceedings, with the court having discretion to allow additional time
Legislative Description
Appeal and error; judgments deemed directly appealable; change a provision
Last Action
Senate Conference Committee Appointed 17th, 18th, 14th
3/28/2024
Committee Referrals
Judiciary3/7/2023
Judiciary - Non-Civil1/31/2023
Full Bill Text
No bill text available