Background
Jairus Scraders pleaded guilty in Fulton County Superior Court in September 2025 to influencing a witness, making terroristic threats, and three counts of aggravated cruelty to animals.
In June 2026, acting pro se, Scraders moved for an out-of-time appeal under OCGA § 5-6-39.1. The trial court dismissed the motion in an amended order entered July 7, 2026, and Scraders timely appealed that ruling.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. OCGA § 5-6-39.1 permits specified out-of-time relief only when a defendant moves within 100 days after the ordinary deadline for a motion for new trial or notice of appeal, or when an out-of-time motion or appeal was dismissed under Cook v. State.
Scraders satisfied neither condition: his motion was not filed within the statutory 100-day period, and he had not had an out-of-time appeal dismissed under Cook. To the extent he sought to withdraw his guilty plea, that relief must be pursued through habeas corpus because the term of court in which he was sentenced had expired.
Key Takeaways
- OCGA § 5-6-39.1 does not provide out-of-time appellate relief outside its two stated conditions.
- A timely appeal from dismissal of an out-of-time-appeal motion does not create jurisdiction when the statute does not apply.
- After the sentencing term expires, a defendant seeking to withdraw a guilty plea must pursue habeas corpus relief.
Why It Matters
The decision applies Georgia’s post-Cook statutory framework strictly. Criminal defendants seeking an out-of-time appeal must meet the statute’s timing or transitional-dismissal requirement; otherwise, the appellate court lacks jurisdiction.