Rutledge v. Georgia
Annotate this CaseThe trial court summarily denied appellant Marcus Rutledge’s pro se motion for an out-of-time appeal from his murder conviction, which was entered on his guilty plea; in the motion, Rutledge also requested a copy of his case file and transcripts. Because the trial court did not hold a hearing to determine whether Rutledge’s failure to file a timely appeal was due to the ineffective assistance of his plea counsel, the Georgia Supreme Court vacated the part of the court’s order denying the motion for an out-of-time appeal and remanded for such a hearing. Because Rutledge’s request for a free copy of his case records did not satisfy the standard for such a request made after the deadline for a timely appeal, the Court affirmed the trial court’s denial of that part of his motion.
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