Out-of-Time Appeal in Georgia
Review Georgia out-of-time appeal procedures, issue-specific records, official sources, and attorney or non-attorney support options.
Georgia’s statutory request for leave
HB 176 added O.C.G.A. §5-6-39.1, allowing a defendant to seek leave for an out-of-time motion for new trial or notice of appeal within 100 days after the relevant filing period expires. Listed grounds include State consent, excusable neglect, deficient counsel performance and other good cause. The trial judge considers the request. Those categories are grounds to request permission, not a representation that permission will be granted.
What the procedure asks you to distinguish
If leave is granted, the statute generally gives 30 days to file the permitted motion or notice, with the stated extension mechanism. An indigent defendant has a right to assistance of counsel to seek the relief offered by the section. Preserve the expired deadline, instructions to prior counsel and order granting or denying leave. A non-attorney preparer is not a substitute for appointed or retained counsel in that role.
Limits and related routes
The law had a special transition for specified matters dismissed under the referenced Georgia Supreme Court decision and related decisions. That provision ended June 30, 2026. As of October 2026, a directory cannot advertise that past window as still open or describe the 100-day period as starting whenever the person learns about the statute. Guilty-plea direct appeals also have an application requirement under HB 176, so the intended filing must be identified precisely.
Help with documents and court representation
PCRC is a non-attorney legal support and document-preparation service for pro se clients. Attorney advice and court representation are distinct services. Compare the provider type and written scope before engaging help; a featured directory listing does not establish a right to relief.
Records for this issue
- Judgment and expired filing date
- Written appeal or new-trial instructions
- Earlier dismissal or leave orders
- Evidence supporting the requested permission
Provider roles for this issue
| Type of help | Typical purpose | Confirm first |
|---|---|---|
| Law firm | Legal advice and court representation | Licensing, case fit, and engagement terms |
| Non-attorney legal support | Document preparation, research, organization | Permitted scope; who signs and files |
| Nonprofit / innocence review | Qualifying case review or legal services | Eligibility, intake, and representation status |
| Official resources | Forms, rules, records, and court contacts | Current version and local requirements |
Listings have no scores or ratings. Listing methodology
Post-Conviction Relief Center (PCRC)
Non-attorney legal support and document preparation for people representing themselves. PCRC operates this directory; services do not include attorney representation.
Michael Kennedy McIntyre & Associates
Atlanta firm focused on Georgia post-conviction representation, including state and federal habeas matters.
Brownstone Law
Publishes Georgia post-conviction and habeas representation. Ask the firm which attorney would handle your case and confirm coverage.
Wallack Law
Atlanta firm publishing post-conviction services including new-trial motions and habeas petitions.
Georgia Innocence Project
Free representation for qualifying Georgia convictions involving crimes the applicant did not commit. Eligibility is innocence-focused.
Georgia Courts — Inmate Forms
Official civil-action and habeas application forms, including requests to proceed without prepaying costs.
Related Georgia guides
Sources for Out-of-Time Appeal
Common questions
What should be assembled before looking for help?
Bring judgment and expired filing date, written appeal or new-trial instructions, earlier dismissal or leave orders, evidence supporting the requested permission. Keep previous filings and orders alongside the new materials so the procedural history stays visible.
PCRC offers non-attorney legal support and document preparation for pro se clients.
Updated October 8, 2026. General information; the appropriate filing, deadline, and relief depend on the case. Provider information is based on linked public pages, not a licensing audit.