Hill-Blount v. the State
336 Ga. App. 633
Ga. Ct. App.2016Background
- Defendant Corey Hill-Blount was convicted by a jury of armed robbery and possession of a firearm during the commission of a crime; judgment entered July 28, 2008.
- Hill-Blount filed a motion for new trial 37 days later, on September 3, 2008.
- The motion for new trial remained pending and was not decided until February 3, 2015 — a delay of six years and five months with no explanation in the record.
- Hill-Blount filed a notice of appeal on February 6, 2015, three days after the trial court denied the motion for new trial.
- The Court of Appeals held that the motion for new trial was untimely when filed and therefore void, so it did not toll the 30-day appeal deadline; as a result the appeal was dismissed for lack of jurisdiction.
- The court informed Hill-Blount (through counsel) of his right to petition the trial court for leave to file an out-of-time appeal and the consequences of the trial court’s grant or denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the late motion for new trial tolled the 30‑day appeal period | Hill‑Blount relied on his motion for new trial to extend appeal time | State argued the motion was untimely and therefore did not extend appeal time | Motion was untimely (filed after 30 days) and void; it did not toll the appeal period |
| Whether the Court of Appeals has jurisdiction over the late notice of appeal | Hill‑Blount appealed after the trial court denied the motion, asserting jurisdiction | State maintained appeal was untimely because the underlying new‑trial motion was void | Court lacked jurisdiction and dismissed the appeal |
| Whether Hill‑Blount could pursue relief despite dismissal | Hill‑Blount could seek appellate review by obtaining leave for an out‑of‑time appeal | State noted no record showing he sought such permission | Court notified Hill‑Blount he may petition the trial court for leave to file an out‑of‑time appeal |
Key Cases Cited
- Robinson v. State, 334 Ga. App. 646 (reminder that undue post‑conviction delay harms parties and the system)
- Waye v. State, 326 Ga. App. 202 (observing consequences of post‑conviction delays)
- Rowland v. State, 264 Ga. 872 (timely filing of notice of appeal is jurisdictional)
- Wicks v. State, 277 Ga. 121 (untimely motion for new trial is void and does not extend appeal time)
- Washington v. State, 276 Ga. 655 (procedure for seeking permission to file an out‑of‑time motion)
- Peters v. State, 237 Ga. App. 625 (dismissal for untimely appeal when motion for new trial was void)
- Shank v. State, 290 Ga. 844 (discussing post‑conviction procedural timeliness)
- Morgan v. State, 290 Ga. 788 (same)
- Hill v. State, 290 Ga. 493 (same)
- Murphy v. State, 290 Ga. 459 (same)