Legal Opinion

Dowling v. State

Court of Appeals of Georgia

Decided October 21, 2008No. A08A1794PublishedCited by 4 opinions

1Opinion of the Court

JOHNSON, Presiding Judge.

On July 15, 1994, David Dowling entered a negotiated guilty plea to four counts of aggravated child molestation, six counts of child molestation, two counts of rape, and one count of aggravated sodomy. No timely appeal or motion to withdraw his plea was ever filed. In November 2007, Dowling moved for an out-of-time appeal. The trial court denied the motion, and this appeal ensued. Finding no reversible error, we affirm.

An out-of-time appeal is available only when an appellant can show “first, that he actually had a right to file a timely direct appeal; and second,…

2Cases cited2 opinions

  1. Robertson v. StateCourt of Appeals of Georgia · 2007
  2. Davis v. StateCourt of Appeals of Georgia · 2007

3Cited by4 opinions

  1. Harwood v. StateCourt of Appeals of Georgia · 2010
  2. Moore v. StateCourt of Appeals of Georgia · 2010
  3. Reid v. the StateCourt of Appeals of Georgia · 2016
  4. Kelly v. StateCourt of Appeals of Georgia · 2009

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