Willie Clarence Lee Jr. v. State Dismissed
Summary
The Georgia Court of Appeals dismissed Willie Clarence Lee Jr.'s appeal because his notice of appeal was filed 34 days after the trial court's December 4, 2025 order, exceeding the 30-day statutory deadline under OCGA § 5-6-38(a). The court held that timely filing of a notice of appeal is an absolute jurisdictional requirement. Lee was convicted in 2014 of two counts of rape, two counts of statutory rape, and four counts of child molestation; his conviction was previously affirmed in 2019. The dismissal leaves the underlying conviction and trial court order undisturbed.
“Because Lee's notice of appeal was filed 34 days after entry of the trial court's order, it is untimely.”
About this source
The Georgia Court of Appeals hears every appeal from Georgia's superior, state, juvenile, and probate courts. The court sits in three divisions and publishes around 310 opinions a month spanning civil, criminal, family, business tort, and administrative cases. Georgia's economy and legal market mean the court generates significant precedent that shapes commercial litigation across the southeast. GovPing tracks every published opinion via CourtListener's mirror, with the case name, parties, division, and outcome. Watch this if you litigate in Georgia, advise multi-state clients on southeastern commercial law, or track family law and business tort trends. Recent: a divorce appeal between Russell and Lauren Nast, a discretionary appeal denied in Blackmon v Dudley, an action against a Toyota dealer in Augusta.
What changed
The Court of Appeals applied OCGA § 5-6-38(a), which requires that a notice of appeal be filed within 30 days of entry of the judgment or trial court order being appealed. The court found that Lee's notice of appeal was filed 34 days after the trial court's December 4, 2025 dismissal order, making it untimely. Because the proper and timely filing of a notice of appeal is an absolute jurisdictional requirement under Georgia law, the appellate court lacked jurisdiction to consider the appeal on its merits, warranting dismissal. The underlying 2014 conviction for rape, statutory rape, and child molestation remains intact, as does the trial court's December 2025 order denying Lee's motion to vacate, set aside, or reverse the judgment.
Parties seeking to appeal trial court orders in Georgia should be aware that the 30-day notice-of-appeal deadline is strictly enforced as a jurisdictional prerequisite, with no exceptions for late filings regardless of the substantive merits of the underlying case.
Archived snapshot
Apr 23, 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 23, 2026 Get Citation Alerts Download PDF Add Note
Willie Clarence Lee, Jr. v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1648
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 23, 2026
The Court of Appeals hereby passes the following order:
A26A1648. WILLIE CLARENCE LEE, JR. v. THE STATE.
In 2014, a jury convicted Willie Clarence Lee, Jr., of two counts of rape, two counts of
statutory rape, and four counts of child molestation. This Court affirmed his conviction in an
unpublished opinion. See Lee v. State, Case No. A18A1940 (Jan. 17, 2019). In November 2025, Lee
filed a motion to vacate, set aside, or reverse judgment. On December 4, 2025, the trial court
dismissed the motion without prejudice and on January 7, 2026, Lee filed a notice of appeal. We lack
jurisdiction.
Pretermitting the substantive issues raised by this appeal, 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
Lee’s notice of appeal was filed 34 days after entry of the trial court’s order, it is untimely.
Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
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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Source document text, dates, docket IDs, and authority are extracted directly from GA Court of Appeals.
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