HB 176: Appeal and error; judgments deemed directly appealable; change a provision

Georgia law sets strict deadlines for filing a motion for a new trial or a notice of appeal after a criminal conviction. A 2022 Georgia Supreme Court decision, Cook v. State, made it harder for some defendants who missed those deadlines to get relief. This bill responds by creating a new process, added as Code Section 5-6-39.1, letting a defendant ask a trial court judge for permission to file a late (out-of-time) motion for new trial or notice of appeal within 100 days of the original deadline, based on the state's consent, excusable neglect, bad lawyering, or other good cause. Defendants specifically affected by the Cook decision get until June 30, 2026 to make this request without the 100-day limit. The bill also expands what counts as an immediately appealable final judgment, requires appeals from guilty pleas to go through an application process, gives the state 10 days to respond when a defendant substantially changes a new trial motion, and sets a 30-day window (or the court term, whichever is later) for withdrawing a guilty plea, during which the statute of limitations and speedy trial deadlines pause. It takes effect once the Governor signs it or it becomes law without a signature.

• Creates a new legal process (O.C.G.A. § 5-6-39.1) letting defendants ask a trial judge for permission to file a late motion for new trial or notice of appeal within 100 days of the missed deadline.
• Gives defendants harmed by the Cook v. State Supreme Court decision until June 30, 2026 to seek this late relief without the normal 100-day limit.
• Guarantees indigent defendants the right to a lawyer's help when seeking this late relief.
• Expands the definition of an immediately appealable 'final judgment' to include orders in multi-count cases where the remaining counts are set aside (dead docketed).
• Requires that appeals directly from guilty pleas go through Georgia's discretionary application process rather than being automatic.
• Gives the state 10 days (or longer, at the court's discretion) to respond when a defendant substantially changes a motion for new trial.

People convicted of crimes in Georgia who want to appeal or withdraw a guilty plea, criminal defense attorneys, prosecutors and the state's attorneys who must respond to amended motions, trial court judges who will decide these new late-filing requests, and indigent defendants entitled to appointed counsel for this process.

Defendants who missed appeal deadlines, especially those affected by the Cook v. State ruling, gain a new, time-limited path to ask a judge for a second chance to appeal or seek a new trial. The bill also clarifies when guilty pleas can be withdrawn and appealed, changes that could affect how long criminal cases stay open.

• Section 1-1 revises O.C.G.A. § 5-6-34 to define 'final judgment' to include orders in multi-count cases where remaining counts are dead docketed, making them directly appealable.
• Section 1-2 adds 'direct appeals from guilty pleas' to the list of cases in O.C.G.A. § 5-6-35 requiring a discretionary application to appeal.
• Section 1-3 creates new O.C.G.A. § 5-6-39.1, letting defendants seek an out-of-time motion for new trial or notice of appeal within 100 days, based on state consent, excusable neglect, counsel's deficient performance, or other good cause; the judge who grants it allows 30 more days to file.
• Section 1-3(b) gives defendants affected by Cook v. State, 313 Ga. 471 (2022), until June 30, 2026 to seek this relief without the 100-day limit.
• Section 2-1 amends O.C.G.A. § 5-5-40 to give the state 10 days (or longer at the court's discretion) to respond when a defendant substantially amends a motion for new trial.
• Section 3-1 adds a new subsection to O.C.G.A. § 17-7-93 setting a 30-day (or end-of-term) deadline to withdraw a guilty plea and tolling the statute of limitations and speedy trial demand while that motion is pending.
• Section 4-1 makes the law effective immediately upon the Governor's signature or upon becoming law without signature.

1. 2025-05-14Effective Date
2. 2025-05-14Act 252
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-08House Sent to Governor (House)
5. 2025-04-02Senate Passed/Adopted (Senate)
6. 2025-04-02Senate Third Read (Senate)
7. 2025-04-02Senate Taken from Table (Senate)
8. 2025-04-02Senate Tabled (Senate)

• Tyler Paul Smith (R, HD-18)Primary sponsor
• Stan Gunter (R, HD-8)
• Stacey Evans (D, HD-57)
• Tanya F. Miller (D, HD-62)
• Brian Strickland (R, SD-42)

1. PassedHouse voteFebruary 26, 2025

   168 yea, 0 nay (5 not voting, 7 excused)

   PASSAGE: House Vote #86

2. PassedSenate voteApril 2, 2025

   51 yea, 0 nay (4 not voting, 1 excused)

   PASSAGE: Senate Vote #425

• criminal appeals
• guilty pleas
• new trial motions
• Georgia court procedure
• post-conviction relief