Leighton A. McGregor v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 27, 2026

The Court of Appeals hereby passes the following order:

A26A1390. LEIGHTON A. MCGREGOR v. THE STATE.

Leighton McGregor pled guilty to robbery by intimidation, and the trial court
imposed sentence on June 18, 2024. On December 15, 2025, McGregor filed a motion
for leave to file an out-of-time notice of appeal. The trial court denied the motion, and
McGregor filed this appeal. We lack jurisdiction.
In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), the Supreme Court
of Georgia determined that a trial court lacks authority to grant an out-of-time appeal,
and that any remedy involving an out-of-time appeal must be sought in habeas corpus.
There, the Supreme Court vacated the trial court’s order denying the defendant’s
motion for out-of-time appeal and remanded with instructions to dismiss the motion.
Id. In response, the legislature enacted OCGA § 5-6-39.1, which became effective on
May 14, 2025. This statute allows for defendants to seek out-of-time relief if (1) the
defendant moves for leave to file an out-of-time motion for new trial or notice of
appeal within 100 days from the expiration of the time period for the filing of such
motion or notice, or (2) the defendant had an out-of-time motion or appeal dismissed
under Cook. OCGA § 5-6-39.1(b).
OCGA § 5-6-39.1(b) does not apply to McGregor, as he neither filed a motion
for out-of-time appeal within 100 days from the expiration of the time period for filing
a notice of appeal nor had a motion for out-of-time appeal dismissed under Cook.1

1
Because it is not necessary to the disposition of this appeal, we do not address
whether a defendant who enters a guilty plea is entitled to seek an out-of-time appeal
Because McGregor is not entitled to pursue out-of-time relief, the propriety of the
trial court’s ruling on his request for an out-of-time appeal is moot. See Carlock v.
Kmart Corp., 227 Ga. App. 356, 361(3)(a) (489 SE2d 99) (1997) (a moot issue is one
where a ruling is sought on a matter that has no practical effect on the alleged
controversy or where the issues have ceased to exist). Accordingly, this appeal is
hereby DISMISSED. See OCGA § 5-6-48(b)(3) (providing for dismissal of an appeal
when the questions presented have become moot).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/27/2026
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.

under OCGA § 5-6-39.1.