Calvin Sessions was convicted of murder, aggravated assault, armed robbery, firearm offenses, and obstruction after a 1997 trial in which the jury declined to impose the death penalty. His attorneys did not file a direct appeal. Sessions later sought habeas relief, but the habeas court found that he had been informed of his appellate rights and had forfeited them through his own conduct. It also rejected his ineffective-assistance claim. Sessions then moved for an out-of-time appeal, arguing that counsel’s inaction deprived him of appellate review. The Supreme Court of Georgia affirmed the denial of that motion. An out-of-time appeal is a judicially created remedy for a constitutionally deficient failure to pursue an appeal, but the prior habeas findings established that Sessions himself caused the loss of the appeal and that counsel’s performance did not provide a basis for relief. The court further held that collateral estoppel prevented Sessions from relitigating the ineffective-assistance issue. Because the habeas record already resolved the relevant questions adversely to him, the trial court did not err in refusing to authorize an out-of-time appeal. The judgment was affirmed.