Marvin Hillman v. State - Case Dismissed

GA Court of Appeals Opinions

Filed March 10th, 2026

Detected March 10th, 2026

Summary

The Georgia Court of Appeals dismissed the appeal of Marvin Hillman in case A26A1285. The dismissal was due to Hillman's failure to follow the required procedural steps for an appeal from an order denying an extraordinary motion for new trial.

View original document View source feed page

What changed

The Georgia Court of Appeals has dismissed the appeal filed by Marvin Hillman in case A26A1285. The dismissal stems from Hillman's failure to file an application for discretionary appeal, which is a mandatory procedural requirement for appeals from orders denying extraordinary motions for new trial, as per OCGA § 5-6-35(a)(7) and (b). This procedural defect deprives the court of jurisdiction over the appeal.

For legal professionals and courts, this case serves as a reminder of the strict jurisdictional requirements for initiating appeals, particularly in cases involving extraordinary motions. Failure to adhere to the correct appellate procedure, such as the discretionary appeal process, will result in dismissal. No specific compliance deadline or penalty is mentioned as this is a procedural dismissal of an individual case.

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 10, 2026 Get Citation Alerts Download PDF Add Note

Marvin Hillman v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1285
Disposition: Dismissed
Opinion
Authorities (3)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 10, 2026

The Court of Appeals hereby passes the following order:

A26A1285. MARVIN HILLMAN v. THE STATE.

Following a jury trial, Marvin Hillman was convicted in 2008 of two counts of
armed robbery, one count of burglary, one count of aggravated assault, and one count
of possession of a firearm by a convicted felon. He received a total sentence of life
imprisonment. We affirmed on direct appeal. See Hillman v. State, Case No.
A08A1956 (Feb. 26, 2009). In a subsequent habeas action, the Supreme Court of
Georgia vacated Hillman’s conviction for being a convicted felon in possession of a
firearm, but affirmed his remaining convictions and sentences. See Hillman v.
Johnson, 297 Ga. 609 (774 SE2d 615) (2015).

In 2025, Hillman filed an extraordinary motion for new trial, contending that
a key prosecution witness had recanted his trial testimony. Following a hearing, the
trial court denied the extraordinary motion for new trial. Hillman filed a notice of
appeal to this Court. We, however, lack jurisdiction.

An appeal from an order denying an extraordinary motion for new trial must be
initiated by filing an application for discretionary appeal. See OCGA § 5-6-35(a)(7),
(b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “Compliance
with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human
Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996).
Hillman’s failure to follow the proper appellate procedure deprives us of
jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/10/2026
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.