Waller v. GeorgiaAnnotate this Case
Prisoner Lester Waller appealed pro se the denial of his motion for an out-of-time appeal following his convictions and sentences for malice murder and possession of a knife during the commission of a felony in connection with the May 2009 killing of his former girlfriend. Waller argued that he should have been granted an out-of-time appeal because his right to a direct appeal was frustrated in that pursuant to OCGA 5-6-38 (a), he was entitled to 30 days to file his notice of appeal after the denial of his supplemented motion for new trial but he was given only 24 days in which to timely file his notice of appeal. Waller claimed he did not receive the denial order until November 27, 2013. He further argued that he should have been able to take advantage of the “mailbox rule” to make his notice of appeal timely. He also argued that he was not adequately advised of the perils of proceeding pro se, that he should have had “standby” counsel, that he should have been appointed yet another attorney, and that he received ineffective assistance of counsel. Finding no merit to any of these contentions, the Supreme court affirmed the denial of Waller's motion.