Kelly v. State

311 Ga. 827

FINAL COPY S21A0184. KELLY v. THE STATE. LAGRUA, Justice. This appeal presents the question of whether, when a trial court has denied a criminal defendant’s motion for new trial and the defendant subsequently seeks and is granted an out-of-time appeal, the defendant is authorized to file a second motion for new trial to raise claims other than those alleging the ineffective assistance of trial counsel that could not have been raised in the initial motion. We conclude that a defendant is not authorized to do so. For this reason, this appeal is untimely and must be dismissed.…