Ernest Shuman pleaded guilty in 1990 to murdering seven-year-old Ronald Wyche and concealing the death. More than 25 years later, he sought an out-of-time appeal, arguing that the plea transcript showed he had not been advised of certain rights and that counsel had failed to investigate the probable cause supporting his arrest. The trial court denied the motion without an evidentiary hearing. The Supreme Court of Georgia held that an out-of-time appeal addresses the constitutional problem that occurs when deficient appellate representation causes the loss of a timely first appeal. Shuman did not allege that plea counsel’s performance caused his failure to file a timely appeal; his allegations instead challenged the plea and the pre-plea investigation. That distinction was dispositive. The court affirmed the denial of the motion and held that no evidentiary hearing was required.