Leighton A. McGregor v. State - Case Dismissed

GA Court of Appeals Opinions

Filed February 27th, 2026

Detected February 27th, 2026

Summary

The Court of Appeals of Georgia dismissed the appeal of Leighton A. McGregor. The court found it lacked jurisdiction to hear the appeal regarding an out-of-time notice, citing recent legislative changes and prior case law. The dismissal is based on the mootness of the issue presented.

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What changed

The Court of Appeals of Georgia has dismissed the appeal filed by Leighton A. McGregor in case A26A1390. The dismissal stems from McGregor's attempt to file an out-of-time notice of appeal after his guilty plea and sentencing. The court determined it lacked jurisdiction, referencing the Supreme Court of Georgia's ruling in Cook v. State and the subsequent enactment of OCGA § 5-6-39.1, which does not apply to McGregor's specific circumstances.

This ruling means that McGregor's request for an out-of-time appeal is considered moot, and the appeal itself is dismissed. The practical implication is that McGregor cannot pursue his appeal through this procedural avenue. The court's decision reinforces the procedural requirements for seeking out-of-time appeals in Georgia, emphasizing the need to adhere to statutory timelines and conditions. No further action is required from regulated entities as this is a specific case disposition.

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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note

Leighton A. McGregor v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1390
Disposition: Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (12.4K)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 27, 2026

The Court of Appeals hereby passes the following order:

A26A1390. LEIGHTON A. MCGREGOR v. THE STATE.

Leighton McGregor pled guilty to robbery by intimidation, and the trial court
imposed sentence on June 18, 2024. On December 15, 2025, McGregor filed a motion
for leave to file an out-of-time notice of appeal. The trial court denied the motion, and
McGregor filed this appeal. We lack jurisdiction.
In Cook v. State, 313 Ga. 471, 506 (5) (870 SE2d 758) (2022), the Supreme Court
of Georgia determined that a trial court lacks authority to grant an out-of-time appeal,
and that any remedy involving an out-of-time appeal must be sought in habeas corpus.
There, the Supreme Court vacated the trial court’s order denying the defendant’s
motion for out-of-time appeal and remanded with instructions to dismiss the motion.
Id. In response, the legislature enacted OCGA § 5-6-39.1, which became effective on
May 14, 2025. This statute allows for defendants to seek out-of-time relief if (1) the
defendant moves for leave to file an out-of-time motion for new trial or notice of
appeal within 100 days from the expiration of the time period for the filing of such
motion or notice, or (2) the defendant had an out-of-time motion or appeal dismissed
under Cook. OCGA § 5-6-39.1(b).
OCGA § 5-6-39.1(b) does not apply to McGregor, as he neither filed a motion
for out-of-time appeal within 100 days from the expiration of the time period for filing
a notice of appeal nor had a motion for out-of-time appeal dismissed under Cook.1

1
Because it is not necessary to the disposition of this appeal, we do not address
whether a defendant who enters a guilty plea is entitled to seek an out-of-time appeal
Because McGregor is not entitled to pursue out-of-time relief, the propriety of the
trial court’s ruling on his request for an out-of-time appeal is moot. See Carlock v.
Kmart Corp., 227 Ga. App. 356, 361 (3)(a) (489 SE2d 99) (1997) (a moot issue is one
where a ruling is sought on a matter that has no practical effect on the alleged
controversy or where the issues have ceased to exist). Accordingly, this appeal is
hereby DISMISSED. See OCGA § 5-6-48(b)(3) (providing for dismissal of an appeal
when the questions presented have become moot).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/27/2026
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.

under OCGA § 5-6-39.1.