Smith — granted 30 more days to seek discretionary appeal

Case
Smith v. The State
Court
Court of Appeals of Georgia
Judge
Not specified
Date Decided
September 2, 2026
Docket No.
A27E0021
Topics
Appellate Procedure; Filing Deadlines; Discretionary Appeals
Source
Read the full opinion

Background

Appellant Alexia Smith filed a Rule 40(b) motion in the Court of Appeals of Georgia seeking additional time to file an application for discretionary appeal.

Smith filed the extension motion on September 1, 2026. The order does not describe the underlying case or address the merits of any proposed appeal.

The Court’s Holding

The Court of Appeals granted Smith’s motion and extended the filing period by 30 days. The resulting deadline for her application for discretionary appeal is October 4, 2026.

The court also stated that no further extensions may be granted, citing Court of Appeals Rule 16(c).

Key Takeaways

  • Smith received a 30-day extension to file her application for discretionary appeal.
  • The new filing deadline is October 4, 2026.
  • No additional extension of that deadline may be granted.

Why It Matters

The order preserves Smith’s opportunity to seek discretionary appellate review through the new deadline, while making clear that October 4, 2026, is the final permissible filing date.

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