Narrative Opinion Summary
Robert D. Whigham's petition for removal from the sex offender registry under OCGA § 42-1-19 was denied by the trial court on December 31, 2020. Whigham sought a discretionary appeal of this denial on July 13, 2021, but the Court of Appeals of Georgia determined it lacked jurisdiction to review the application. According to OCGA § 5-6-35(d), an application for discretionary review must be filed within 30 days of the trial court's order. Whigham's application was filed over six months after the order, which constituted a jurisdictional failure. Therefore, the application was dismissed due to untimeliness. Prior to this, Whigham had also filed a direct appeal on January 26, 2021, which was dismissed on April 22, 2021, for not adhering to the required discretionary appeal procedures.
Legal Issues Addressed
Jurisdictional Requirements for Appealssubscribe to see similar legal issues
Application: The Court of Appeals of Georgia determined it lacked jurisdiction to review Whigham's untimely application, emphasizing that jurisdictional requirements are strictly enforced and non-compliance results in dismissal.
Reasoning: Whigham's application was filed over six months after the order, which constituted a jurisdictional failure.
Procedure for Direct and Discretionary Appealssubscribe to see similar legal issues
Application: Whigham's direct appeal was dismissed due to failure to follow discretionary appeal procedures, underscoring the necessity of filing the appropriate type of appeal based on procedural requirements.
Reasoning: Prior to this, Whigham had also filed a direct appeal on January 26, 2021, which was dismissed on April 22, 2021, for not adhering to the required discretionary appeal procedures.
Timeliness of Discretionary Appeals under OCGA § 5-6-35(d)subscribe to see similar legal issues
Application: The Court of Appeals of Georgia dismissed Whigham's appeal for being filed beyond the 30-day limit mandated by OCGA § 5-6-35(d), demonstrating the strict adherence to filing deadlines required for jurisdiction.
Reasoning: According to OCGA § 5-6-35(d), an application for discretionary review must be filed within 30 days of the trial court's order.