What did the court decide?

The Court of Appeals dismissed Conner's appeal because his notice of appeal was filed long after the 30-day deadline and the late motion for a new trial did not revive that deadline.

Who is affected by this decision?

Maurice Dewayne Conner is directly affected because his attempt to appeal the denial of a new-trial motion will not be reviewed by the Court of Appeals.

Because the appellate court dismissed the appeal for lack of jurisdiction, Conner remains subject to his original convictions and sentence unless he pursues other available post-conviction remedies.

Why didn't the late motion for a new trial help?

Under Georgia law, only a motion for a new trial filed within 30 days of the judgment can extend the time to appeal; a motion filed over ten years later is untimely and does not toll the appeal period.

Can this dismissal be appealed further?

Dismissal for lack of jurisdiction is a final action by the Court of Appeals; any further review would depend on whether a higher court has a basis to consider the jurisdictional question, but standard appellate paths are limited.

Maurice Dewayne Conner v. State

Docket A26A1829

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDismissed

Filed: May 4, 2026 · 2 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: A26A1829

Appeal from the trial court's denial of an amended motion for new trial following convictions and sentencing in 2014.

Summary

The Georgia Court of Appeals dismissed Maurice Dewayne Conner’s appeal from the trial court’s denial of his amended motion for a new trial because the notice of appeal was untimely. Conner was convicted and sentenced in 2014, but did not file a motion for new trial within the 30-day statutory window; his motion filed in March 2025 was over ten years late. Because an untimely motion for new trial does not extend the deadline to file a notice of appeal, the Court concluded it lacked jurisdiction and dismissed the appeal.

Issues Decided

Whether the Court of Appeals has jurisdiction when a notice of appeal is filed more than 30 days after entry of judgment.
Whether an untimely motion for new trial extends the statutory period to file a notice of appeal.

Court's Reasoning

Georgia law requires a notice of appeal within 30 days of the entry of the judgment or order. While a timely motion for new trial tolls that period, an untimely motion does not. Conner’s motion for new trial was filed more than ten years after sentencing, so it was untimely and could not extend the appeal deadline; therefore the Court lacked jurisdiction to hear the appeal and dismissed it.

Authorities Cited

OCGA § 5-6-38(a)
OCGA § 5-5-40(a)
Davis v. State330 Ga. App. 711 (769 SE2d 133) (2015)

Parties

Appellant: Maurice Dewayne Conner
Appellee: The State
Judge: Court of Appeals of the State of Georgia

Key Dates

Original sentencing: 2014-08-29
Amended motion for new trial filed: 2025-03-24
Trial court denied motion: 2025-08-04
Notice of appeal filed: 2025-08-05
Court of Appeals order: 2026-05-04

What You Should Do Next

1
Consult criminal defense counsel
Speak with an attorney promptly to evaluate whether any other post-conviction remedies (such as a habeas corpus petition or a motion based on newly discovered evidence) are available and timely.
2
Review potential collateral relief
Determine whether grounds exist for collateral attack on the conviction (for example, constitutional claims) and the applicable statutes of limitation for such remedies.
3
Ensure compliance with sentence
Until successful post-conviction relief is obtained, the original sentence remains in effect, so follow any prison or supervision requirements and deadlines for filing other motions.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed Conner's appeal because his notice of appeal was filed long after the 30-day deadline and the late motion for a new trial did not revive that deadline.
Who is affected by this decision?: Maurice Dewayne Conner is directly affected because his attempt to appeal the denial of a new-trial motion will not be reviewed by the Court of Appeals.
What happens next?: Because the appellate court dismissed the appeal for lack of jurisdiction, Conner remains subject to his original convictions and sentence unless he pursues other available post-conviction remedies.
Why didn't the late motion for a new trial help?: Under Georgia law, only a motion for a new trial filed within 30 days of the judgment can extend the time to appeal; a motion filed over ten years later is untimely and does not toll the appeal period.
Can this dismissal be appealed further?: Dismissal for lack of jurisdiction is a final action by the Court of Appeals; any further review would depend on whether a higher court has a basis to consider the jurisdictional question, but standard appellate paths are limited.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 04, 2026

The Court of Appeals hereby passes the following order:

A26A1829. MAURICE DEWAYNE CONNER v. THE STATE.

A jury found Maurice Dewayne Conner guilty of participating in criminal street
gang activity, conspiracy to commit a crime, and possession of a firearm by a convicted
felon. On August 29, 2014, the trial court sentenced him to 30 years in prison.
Although the record contains no motion for new trial, on March 24, 2025, Conner
filed an amended motion for new trial.1 The trial court denied the motion on August
4, 2025, and Conner filed a notice of appeal on August 5, 2025. We, however, lack
jurisdiction.
A notice of appeal must be filed within 30 days of entry of the judgment or trial
court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely filing
of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this
Court. Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Although the filing
of a motion for a new trial generally extends the deadline for filing a notice of appeal,
see OCGA § 5-6-38(a), an untimely motion for a new trial does not extend the time
for filing an appeal. Davis, 330 Ga. App. at 712. To be timely, a motion for a new trial
must be made “within 30 days of the entry of the judgment on the verdict.” OCGA
§ 5-5-40 (a).

1
In November 2021, Conner filed a motion for a conformed order granting a
motion for new trial, seeking to adopt the motion of a co-defendant. We are unaware
of any authority for the filing of such a motion. In any event, the trial court denied the
motion on April 5, 2024.
Here, Conner’s only motion seeking a new trial was filed on March 25, 2025,
over 10 years after entry of his sentence. Under these circumstances, we lack
jurisdiction to consider the trial court’s order purporting to deny the motion for new
trial, and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/04/2026
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.