Teyon Stoverv.The State
Teyon Stover was convicted of rape, kidnapping, child molestation, and aggravated assault. After the trial court vacated a void sentence and resentenced him, his appeal from the amended sentence was dismissed as untimely. Stover later obtained an out-of-time appeal based on alleged ineffective assistance of counsel. While that appeal was pending, the Supreme Court of Georgia held that a standalone out-of-time-appeal motion is not a legally cognizable means of obtaining relief from constitutional violations. The Court of Appeals of Georgia applied that intervening rule and held that the trial court should have dismissed Stover’s motion rather than grant it. His possible remedy was a habeas petition filed in the proper court. The appellate court granted the State’s motion, vacated the order granting an out-of-time appeal, and remanded for entry of the appropriate dismissal order.
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