Background
In 2018, a jury found James L. Works guilty of three counts each of rape and aggravated assault, two counts of aggravated sodomy, and several related crimes. The trial court sentenced him to life plus 15 years in prison, and the Court of Appeals of Georgia affirmed the judgment on direct appeal in 2020.
On July 6, 2026, Works moved under OCGA § 5-6-39.1 for leave to file an out-of-time motion for a new trial. The trial court denied the motion two days later, and Works timely appealed that denial.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. It explained that OCGA § 5-6-39.1 permits out-of-time relief when a defendant files within 100 days after the original filing period expires or, in specified circumstances involving relief dismissed under Cook v. State, files a renewed motion by June 30, 2026.
Neither route applied to Works. He did not seek leave within the 100-day period, and he had not had an out-of-time motion for a new trial or appeal dismissed under Cook. The court also held that because Works had already received a direct appeal of his convictions, he was not entitled to pursue a second direct appeal through an out-of-time motion.
Key Takeaways
- OCGA § 5-6-39.1 provides limited, deadline-dependent avenues for seeking an out-of-time motion for a new trial or notice of appeal.
- Works did not satisfy either statutory avenue for out-of-time relief.
- A criminal defendant whose conviction has already been affirmed on direct appeal is not entitled to a second direct appeal through an out-of-time motion.
Why It Matters
The order underscores that OCGA § 5-6-39.1 does not create an unrestricted opportunity to revive expired post-trial or appellate deadlines. A defendant must fall within the statute’s specific timing and eligibility requirements.
It also reinforces Georgia precedent limiting successive direct appeals: once a conviction has been reviewed and affirmed on direct appeal, an out-of-time procedure cannot be used to obtain another direct appeal.