Kenneth Adkins v. State - Discretionary Application Dismissed

GA Court of Appeals Opinions

Filed March 31st, 2026

Detected March 31st, 2026

Summary

The Georgia Court of Appeals dismissed Kenneth Adkins's discretionary application for appeal (Docket A26D0424). The dismissal resulted from Adkins's failure to comply with Court of Appeals Rule 31(c) by not providing a stamped 'filed' copy of the trial court's order, despite being given 10 days to supplement his application.

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What changed

The Court of Appeals dismissed Adkins's application for discretionary review after he failed to provide the required stamped 'filed' copy of the trial court order. The underlying case involved Adkins's objection to the denial of a motion to compel production of withheld exculpatory evidence. The trial court construed his objection as a motion for reconsideration and denied it. The appellate court ordered Adkins to supplement his application within 10 days, but he failed to do so, resulting in dismissal.

Compliance officers and legal practitioners should note that this case demonstrates the procedural consequences of failing to comply with appellate filing requirements. Adkins's substantive claims regarding withheld exculpatory evidence were never reached because of his procedural default. Practitioners filing discretionary applications in Georgia courts must ensure compliance with Court of Appeals Rule 31(c), including providing stamped filed copies of lower court orders to demonstrate timeliness.

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March 31, 2026 Get Citation Alerts Download PDF Add Note

Kenneth Adkins v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0424
Disposition: Discretionary Application Dismissed
Opinion
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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 31, 2026

The Court of Appeals hereby passes the following order:

A26D0424. KENNETH ADKINS v. THE STATE.

Adkins filed an “Objection to Order Denying Motion to Compel Production of
Withheld Exculpatory Evidence,” and the trial court, construing Adkins’s motion as
one for reconsideration of a previous order, denied it. Adkins then filed the instant
application for discretionary review. Although the application includes a copy of the
order sought to be appealed, it does not contain a stamped “filed” copy of the order
as required by Court of Appeals Rule 31(c) and, without it, we are unable to determine
whether the application was timely filed. On March 17, 2026, this Court ordered
Adkins to supplement his application with a stamped “filed” copy of the trial court’s
order within 10 days or the application would be dismissed. However, Adkins did not
file the order within the time allowed.
Therefore, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/31/2026
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.