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COOK v. STATE

S21A1270.

870 S.E.2d 758 (2022)

COOK v. The STATE.

Supreme Court of Georgia.

Decided: March 15, 2022.

Attorney(s) appearing for the Case

Deborah Lorraine Leslie , The Leslie Group, LLC, P.O. BOX 1511, Suite 107, Jonesboro, Georgia 30237-1511, for Appellant.

Jill Anderson Travis , Georgia Association of Criminal Defense Lawyers, 215 Church Street, Suite 111, Decatur, Georgia 30030, Brandon A. Bullard , The Bullard Firm, LLC, 3455 Peachtree Road NE, Fifth Floor, Atlanta, Georgia 30326, Greg Allen Willis , Willis Law Firm, 6000 Lake Forrest Drive, Suite 375, Atlanta, Georgia 30328, Joseph Scott Key , Miller & Key, PA, 80 Macon Street, McDonough, Georgia 30253, Peter J. Skandalakis , Robert Wright Smith, Jr. , Prosecuting Attorneys Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, James C. Bonner, Jr. , Georgia Public Defender Council, Suite 600, 104 Marietta Street, Atlanta, Georgia 30303, for Neutral Amicus.

Patricia B. Attaway Burton , Deputy Attorney General, William Wright Banks, Jr. , Senior Assistant Attorney General, Ross Warren Bergethon , Deputy Solicitor-General, Paula Khristian Smith , Senior Assistant Attorney General, Ashleigh Dene Headrick , Christopher M. Carr , Attorney General, Stephen John Petrany , Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Oliver Jackson Browning, Jr. , District Attorney, Tallapoosa Judicial Circuit District Attorney's Office, Polk County Courthouse #1, 100 Prior Street, Room 204, Cedartown, Georgia 30125, for Appellee.

When a convicted criminal defendant is unconstitutionally deprived of an appeal of right, which typically occurs because her counsel provided ineffective assistance in failing to file a timely appeal, she is entitled to an untimely or "out-of-time" appeal. In this case, we examine the difficult question of whether this Court should...

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