5-6-39.1. Out-of-time motion for new trial or notice of appeal.

1. (1)

   Notwithstanding the availability of habeas corpus relief under Article 2 of Chapter 14 of Title 9; the time limitations set forth in Code Section 5-5-40; or the time limitations related to a notice of appeal as set forth in this article, a defendant may move for leave to file an out-of-time motion for new trial or notice of appeal within 100 days from the expiration of the time period for the filing of such motion or notice:#

   1. (A)

      With the consent of the state;#

   2. (B)

      By showing excusable neglect;#

   3. (C)

      By showing that the failure to timely file such motion for new trial or notice of appeal was attributable to the deficient performance of such defendant’s counsel; or#

   4. (D)

      For other good cause shown.#

2. (2)

   The trial court judge shall have jurisdiction to consider such motion for leave to file an out-of-time motion for new trial or notice of appeal. If the judge grants such motion, the defendant shall have 30 days to file an out-of-time motion for new trial or notice of appeal and the judge shall have the discretion to allow an extension of time for filing such motion or notice as set forth in Code Section 5-6-39.#

3. (3)

   An indigent defendant shall have the right to the assistance of counsel to seek any relief offered under this Code section.#

In a criminal case, after a judgment of conviction, a defendant whose motion seeking an out-of-time motion for new trial or notice of appeal or whose granted out-of-time motion for new trial or notice of appeal was dismissed based upon the Supreme Court’s decision in Cook v. State, 313 Ga. 471 (2022), and its progeny, shall have the right to move for leave to file an out-of-time motion for new trial or notice of appeal until June 30, 2026, pursuant to subsection (a) of this Code section. Any filing made pursuant to this subsection shall not be subject to the 100-day time limitation in subsection (a) of this Code section.#