Shawn Davart Lockhart Jr. v. State - Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed appeal A26A1633 on April 8, 2026, finding it lacked jurisdiction because the defendant filed his notice of appeal 33 days after the trial court's order, exceeding the mandatory 30-day deadline under OCGA § 5-6-38(a). The underlying 2009 criminal conviction (armed robbery, kidnapping, firearm possession) and the 2026 denial of the motion for out-of-time appeal remain unaffected by this procedural dismissal.
What changed
The Georgia Court of Appeals dismissed the appeal for lack of jurisdiction because Lockhart's notice of appeal was filed 33 days after the trial court's February 19, 2026 order denying his motion for an out-of-time appeal, surpassing the 30-day statutory requirement under OCGA § 5-6-38(a). The court reiterated that timely filing of a notice of appeal is an absolute jurisdictional requirement. This ruling affects criminal defendants seeking appellate review in Georgia state courts—failure to comply with the 30-day filing deadline results in dismissal without consideration of the underlying merits of the appeal.
Criminal defense attorneys and defendants should treat the 30-day deadline under OCGA § 5-6-38(a) as absolute and jurisdictional. Courts have no discretion to waive untimeliness, and out-of-time appeal motions do not toll the deadline for subsequent appeals of those motions. The procedural technicality means defendants may lose appellate review of trial court decisions despite having valid claims.
What to do next
- Ensure criminal appeal notices are filed within 30 days of trial court orders to preserve appellate jurisdiction
- Verify compliance with OCGA § 5-6-38(a) timing requirements before filing any notice of appeal
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 8, 2026 Get Citation Alerts Download PDF Add Note
Shawn Davart Lockhart Jr. v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1633
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 08, 2026
The Court of Appeals hereby passes the following order:
A26A1633. SHAWN DAVART LOCKHART JR. v. THE STATE.
In 2009, Shawn Davart Lockhart, Jr., pled guilty to armed robbery, kidnapping,
and possession of a firearm during the commission of a crime. In 2025, Lockhart filed
a motion for an out-of-time appeal based on OCGA § 5-6-39.1, which the trial court
denied on February 19, 2026. Lockhart filed a notice of appeal to this Court on March
24, 2026. We, however, lack jurisdiction.
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). The proper and timely filing
of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.
Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Lockhart’s
notice of appeal was filed 33 days after entry of the trial court’s order, it is untimely.
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/08/2026
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.
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