Deloney v. GeorgiaAnnotate this Case
In 2001 Appellant Danny Deloney pled guilty to the felony murder of his six-year-old daughter, Porsha, and numerous other crimes. For this, he received the death penalty. Fourteen years later, Deloney filed a motion for out-of-time appeal, which the trial court denied. He appealed pro se, arguing that the trial court erred in denying his motion and in failing to hold an evidentiary hearing on the motion. Pretermitting whether Appellant alleged a proper excuse for not filing a timely appeal, the Georgia Supreme Court determined the record shows that he is not entitled to an out-of-time appeal and thus that the trial court was not required to hold an evidentiary hearing on his motion. Accordingly, we affirm.