Bill > HB176

This bill modifies several aspects of Georgia's legal procedures related to appeals and judgments. The bill expands the definition of "final judgment" to include cases with multiple-count indictments where some counts are resolved and others are "dead docketed" (essentially suspended). It introduces a new provision allowing defendants to seek an out-of-time motion for new trial or appeal within 100 days of the original filing deadline under specific circumstances, such as with state consent, by showing excusable neglect, demonstrating ineffective counsel, or providing other good cause. The bill also provides a special provision for defendants whose previous out-of-time motions were dismissed due to a specific Supreme Court decision (Cook v. State), allowing them to file such motions until June 30, 2026. Additionally, the bill establishes that in criminal proceedings, when a defendant substantially amends a motion for new trial, the state will be given ten days to respond, and it allows defendants to file a motion to withdraw a guilty plea within 30 days of judgment or within the court term, with the provision that such a motion pauses certain legal time limitations. These changes aim to provide more flexibility and opportunities for defendants to seek post-conviction relief while maintaining procedural safeguards.

Justice

https://www.legis.ga.gov/legislation/69655