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GeorgiaHB 1762025-2026 Regular SessionHouse

Appeal and error; judgments deemed directly appealable; change a provision

Sponsored By: Stacey Evans (Democrat), Stan Gunter (Republican), Tanya Miller (Democrat), Tyler Paul Smith (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Defendants can appeal partly decided cases

In Georgia criminal cases with multiple charges, an order deciding only some charges counts as a final judgment for appeal. The remaining charges must be placed on a dead docket, meaning they are set aside without being decided. Defendants can directly appeal these judgments, subject to any separate appeal-application requirements.

Defendants get help with missed deadlines

Georgia criminal defendants can ask the trial court to allow a late new-trial motion or appeal notice. They must ask within 100 days after the usual filing deadline. Grounds include the State’s consent, excusable neglect, a missed deadline caused by poor defense counsel performance, or other good cause. If approved, defendants have 30 days to file, with a possible extension. Defendants who cannot afford a lawyer have a right to counsel to seek this relief. Those whose qualifying requests were dismissed under Cook v. State or related cases can apply through June 30, 2026. That special route has no 100-day limit but still requires grounds for relief.

Guilty plea appeals require an application

People appealing Georgia convictions entered after guilty pleas must file an application for appeal. They cannot use the ordinary direct-appeal route.

Prosecutors get time on new-trial changes

When a Georgia criminal defendant substantially changes a new-trial motion, the State gets 10 days to respond and present evidence. The court can allow the State more time.

Guilty plea withdrawal pauses legal clocks

A Georgia defendant convicted after a guilty plea can ask to withdraw that plea within 30 days after judgment. The deadline extends to the end of the court term when the plea was entered, if that is later. Filing pauses the applicable statute of limitations and statutory speedy-trial demand from the plea until the motion is resolved.

Sponsors & Cosponsors

Sponsors

  • Stacey Evans

    Democrat • House

  • Stan Gunter

    Republican • House

  • Tanya Miller

    Democrat • House

  • Tyler Paul Smith

    Republican • House

Cosponsors

  • Brian Strickland

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 219 • No: 0

Senate vote • 4/2/2025

PASSAGE

Yes: 51 • No: 0 • Other: 4

House vote • 2/26/2025

PASSAGE

Yes: 168 • No: 0 • Other: 5

Actions Timeline

  1. House Date Signed by Governor

    5/14/2025House

  2. Act 252

    5/14/2025

  3. Effective Date

    5/14/2025

  4. House Sent to Governor

    4/8/2025House

  5. Senate Tabled

    4/2/2025Senate

  6. Senate Taken from Table

    4/2/2025Senate

  7. Senate Third Read

    4/2/2025Senate

  8. Senate Passed/Adopted

    4/2/2025Senate

  9. Senate Read Second Time

    3/13/2025Senate

  10. Senate Committee Favorably Reported

    3/11/2025Senate

  11. Senate Read and Referred

    2/27/2025Senate

  12. House Third Readers

    2/26/2025House

  13. House Passed/Adopted By Substitute

    2/26/2025House

  14. House Committee Favorably Reported By Substitute

    2/20/2025House

  15. House Second Readers

    2/3/2025House

  16. House First Readers

    1/30/2025House

  17. House Hopper

    1/29/2025House

Bill Text

  • HB 176/AP* (v6)

    PDF

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