James Lilly was convicted of rape and exploiting an elder person and later obtained an out-of-time appeal from the trial court. He then challenged the denial of his motion for new trial, including the admission of testimony and the sufficiency of the evidence. The Court of Appeals of Georgia did not reach those merits. While the appeal was pending, the Supreme Court of Georgia held that a standalone motion for an out-of-time appeal is not a legally cognizable vehicle for obtaining relief from constitutional violations allegedly caused by ineffective assistance of counsel. Such a claim must instead be pursued through habeas corpus in the proper county. Applying that intervening precedent, the Court of Appeals vacated the order granting Lilly an out-of-time appeal and remanded with direction that the trial court dismiss his motion for lack of jurisdiction. The opinion expressly left the underlying conviction challenges undecided.