Abdul Rashid Isaac v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 22, 2026

The Court of Appeals hereby passes the following order:

A26A1777. ABDUL RASHID ISAAC v. THE STATE.

Following a jury trial, Abdul Rashid Isaac was convicted of armed robbery,
kidnapping, and kidnapping with bodily injury. He appealed to this Court, which
affirmed the convictions. Isaac v. State, 275 Ga. App. 254 (620 SE2d 483) (2005). In
February 2026, Isaac filed a motion for leave to file an out-of-time motion for new
trial. The trial court dismissed that motion, and Isaac filed this direct appeal. We lack
jurisdiction.
In 2025, the legislature enacted OCGA § 5-6-39.1, which provides limited
circumstances in which a defendant may seek out-of-time relief following a criminal
conviction. However, the remedies under OCGA § 5-6-39.1 are not available to Isaac
because he has already had a direct appeal. Richards v. State, 275 Ga. 190, 191 (563
SE2d 856) (2002) (a criminal defendant whose conviction has been affirmed on direct
appeal has no right of direct appeal from the denial of a motion for an out-of-time
appeal); see also Milliken v. Stewart, 276 Ga. 712, 713 (583 SE2d 30) (2003).
Accordingly, this Court lacks jurisdiction over this appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/22/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.