Legal Opinion · Concurrence

Rowland v. State

Supreme Court of Georgia

Decided January 24, 1995No. S94A1326, S95A0346Published

1ConcurrenceCarley, Justice

I completely agree with the majority that both of these appeals must be dismissed. The absence of a timely filed notice of appeal deprives this court of jurisdiction.

Nothing ... in Evitts v. Lucey[, 469 U. S. 387 (105 SC 830, 83 LE2d 821) (1985)] . . . eliminates the jurisdictional requisite of a timely filed notice of appeal and the equally necessary dismissal of any appeal where that jurisdictional requisite was not observed.

Copeland v. White, 178 Ga. App. 644, 645 (344 SE2d 436) (1986).

However, I cannot agree that this court should “decline to distinguish in the application of the holding…

2Cases cited12 opinions

  1. Evitts v. LuceySupreme Court of the United States · 1985
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1990
  3. Charles v. State, Texas Court of Appeals, 4th District (San Antonio)1991
  4. Whittle v. StateCourt of Appeals of Georgia · 1993
  5. Copeland v. WhiteCourt of Appeals of Georgia · 1986

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