Cook v. State

In the Supreme Court of Georgia

Decided: March 15, 2022

S21A1270. COOK v. THE STATE.

WARREN, Justice.

When a convicted criminal defendant is unconstitutionally

deprived of an appeal of right, which typically occurs because her

counsel provided ineffective assistance in failing to file a timely

appeal, she is entitled to an untimely or “out-of-time” appeal. In this

case, we examine the difficult question of whether this Court should

overrule our precedent allowing a criminal defendant who alleges

that she was unconstitutionally deprived of her appeal as of right to

file a motion for out-of-time appeal in…