Legal Opinion

Davis v. State

Court of Appeals of Georgia

Decided June 22, 2007No. A07A0805PublishedCited by 4 opinions

1Opinion of the Court

Phipps, Judge.

In February 1996, Kenorris Davis pleaded guilty to rape, aggravated assault, and two counts of kidnapping. More than ten years later, he moved for an out-of-time appeal to challenge his convictions. He also requested an evidentiary hearing and appointed counsel to assist him. The trial court denied Davis’s motions, and Davis appeals. Finding no error, we affirm.

1. A defendant moving for an out-of-time appeal after entering a guilty plea “bears the burden of showing two things: first, that he actually had a right to file a timely direct appeal; and second, that the right to…

2Cases cited5 opinions

  1. Syms v. StateCourt of Appeals of Georgia · 1999
  2. Barnes v. StateSupreme Court of Georgia · 2002
  3. Simpson v. StateCourt of Appeals of Georgia · 2003
  4. Rittenberry v. StateCourt of Appeals of Georgia · 2003
  5. Pearson v. StateCourt of Appeals of Georgia · 2004

3Cited by4 opinions

  1. Robertson v. StateCourt of Appeals of Georgia · 2007
  2. Dowling v. StateCourt of Appeals of Georgia · 2008
  3. Reid v. the StateCourt of Appeals of Georgia · 2016
  4. Kelly v. StateCourt of Appeals of Georgia · 2009

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