Jason Darrius Mobuary pleaded guilty in 2003 to reduced charges arising from an inappropriate relationship with an eleven-year-old child. Years later, he filed a motion for an out-of-time appeal and sought appointed counsel. While his appeal was pending, the Supreme Court of Georgia held that a standalone out-of-time-appeal motion is not a legally cognizable vehicle for raising constitutional claims based on ineffective assistance of counsel. The Court of Appeals of Georgia applied that intervening rule and held that Mobuary had no right to pursue the motion in the trial court. His potential remedy, if any, lay in habeas corpus filed in the proper county. The trial court therefore should have dismissed the motion rather than denied it on the merits. The appellate court vacated the order and remanded for entry of a dismissal order. The request for appointed counsel was moot because the out-of-time appeal itself was unavailable.