Daniel Delevan was convicted of driving under the influence and related offenses, but his lawyer failed to file a timely notice of appeal from the denial of a motion for new trial. Delevan sought an out-of-time appeal, arguing that counsel was solely responsible. The trial court denied the request after finding that Delevan had learned of the missing notice and had been partly responsible for not ensuring that it was filed. The Georgia Court of Appeals did not decide who was at fault. It held that the lawyers who represented Delevan could not litigate an ineffective-assistance claim accusing themselves or colleagues in the same public-defender office, because the alleged failure made the lawyers material witnesses and created an imputed conflict of interest. The court vacated the denial of the out-of-time appeal and remanded for appointment of conflict-free counsel. The new lawyer must receive a hearing on who caused the missed deadline, after which the trial court must determine whether Delevan receives an out-of-time direct appeal.