Background
In February 2026, Walter J. Dooley, Jr. pleaded guilty to trafficking, obstruction of an officer, and driving with a suspended license.
After the trial court denied his motion to withdraw the guilty plea on June 25, 2026, Dooley, proceeding pro se, filed an application for discretionary appeal on August 14, 2026.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. An order denying a motion to withdraw a guilty plea is directly appealable, and the court ordinarily grants a discretionary application when a direct appeal is available.
But a discretionary application must be filed within 30 days of the challenged order. Dooley filed 50 days after the denial order, and the statutory filing requirements are jurisdictional.
Key Takeaways
- Denial of a motion to withdraw a guilty plea is directly appealable.
- A discretionary application must be filed within 30 days of the order appealed.
- An untimely application deprives the Court of Appeals of jurisdiction.
Why It Matters
The decision underscores that a litigant cannot preserve appellate review through an untimely discretionary application, even where the underlying order is directly appealable. The court treated the deadline as jurisdictional and dismissed without reaching the merits.