Georgia Court of Appeals: Discretionary Appeal Granted in Star Borrower LP Case

This development underscores the procedural avenues available to criminal defendants in Georgia who seek to challenge convictions or sentences long after the initial appeal period has expired. An out-of-time appeal is a critical, albeit narrowly applied, mechanism for addressing potential constitutional violations or other fundamental errors that may have prevented a timely appeal, such as ineffective assistance of counsel or a lack of proper notice regarding appeal rights. For criminal defense practitioners, understanding the stringent requirements and limited grounds for such motions is paramount, as they are not granted lightly and typically require a showing that the delay was not attributable to the defendant's own negligence.