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KELLY v. STATE

S21A0184.

860 S.E.2d 740 (2021)

KELLY v. The STATE.

Supreme Court of Georgia.

Decided: June 21, 2021.

Attorney(s) appearing for the Case

Chevene B. King, Jr. , C. B. King & Associates, P.O. Box 3468, Albany, Georgia 31706-3468, for Appellant.

Patricia. B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Darius T. Pattillo , District Attorney, Sharon Lee Hopkins , A.D.A., Flint Circuit District Attorney's Office, One Courthouse Square, West Tower, 3rd Floor, McDonough, Georgia 30523, Elizabeth Rosenwasser , A.D.A., Fulton County District Attorney's Office, 136 Pryor Street SW, Atlanta, Georgia 30303, for Appellee.

This appeal presents the question of whether, when a trial court has denied a criminal defendant's motion for new trial and the defendant subsequently seeks and is granted an out-of-time appeal, the defendant is authorized to file a second motion for new trial to raise claims other than those alleging the ineffective assistance...

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