E. Marcellus Windhom v. State - Criminal Appeal Dismissed

GA Court of Appeals Opinions

Filed April 2nd, 2026

Detected April 2nd, 2026

Summary

The Georgia Court of Appeals dismissed E. Marcellus Windhom's appeal in Case No. A26A1534 due to untimeliness. The appellant filed his notice of appeal 85 days after the trial court's November 19, 2025 order, exceeding the 30-day statutory requirement under OCGA § 5-6-38(a). The court reaffirmed that timely filing of a notice of appeal is an absolute requirement to confer jurisdiction.

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What changed

The Court of Appeals of Georgia dismissed Windhom's appeal for lack of jurisdiction. The appellant, convicted of armed robbery, sought to appeal the trial court's November 19, 2025 order dismissing his motion for leave to file an out-of-time motion for new trial. However, he filed his notice of appeal on February 12, 2026—85 days after the trial court's order, surpassing the 30-day filing deadline mandated by OCGA § 5-6-38(a). The court emphasized that strict adherence to procedural timelines is essential for appellate jurisdiction.

Criminal defendants and their counsel must ensure notices of appeal are filed within 30 days of the judgment or order being appealed. This case demonstrates that courts will dismiss appeals as untimely regardless of the underlying merits when procedural deadlines are missed. Legal practitioners handling criminal appeals should calendar appeal deadlines immediately upon any adverse ruling to avoid jurisdictional bars.

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April 2, 2026 Get Citation Alerts Download PDF Add Note

E. Marcellus Windhom v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1534
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 02, 2026

The Court of Appeals hereby passes the following order:

A26A1534. E. MARCELLUS WINDHOM v. THE STATE.

E. Marcellus Windhom was convicted of armed robbery, and this Court
affirmed his conviction on appeal. Windhom v. State, 326 Ga. App. 212 (756 SE2d 296)
(2014). In September 2025, Windhom filed a motion for leave to file an out-of-time
motion for new trial. On November 19, 2025, the trial court issued an order dismissing
the motion. On February 12, 2026, Windhom filed a notice of appeal. We lack
jurisdiction because, pretermitting whether the trial court’s order is directly
appealable, the appeal is untimely. A notice of appeal must be filed within 30 days of
entry of the judgment or trial court order sought to be appealed, OCGA § 5-6-38(a),
and the proper and timely filing of a notice of appeal is an absolute requirement to
confer jurisdiction upon this Court. Perry v. Paul Hastings, LLP, 362 Ga. App. 140, 141
(866 SE2d 855) (2021). Because the instant appeal was filed 85 days after entry of the
trial court’s order, it is untimely and is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/02/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.