Steven Gaddis v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
January 27, 2026

The Court of Appeals hereby passes the following order:

A26A1054. STEVEN GADDIS v. THE STATE.

In August 2023, Steven Gaddis pled guilty to multiple offenses, including
racketeering, theft, fraud, and trespass. On May 16, 2024, the trial court modified
Gaddis’s sentence. Since then, Gaddis has filed multiple motions in an attempt to
challenge both his plea and sentence.1 Most recently, Gaddis filed a motion for leave
to file and out-of-time appeal and motion for appointment of counsel. The trial court
denied the motion, and this appeal followed. We, however, lack jurisdiction.
In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), the Supreme Court
of Georgia determined that a trial court lacks authority to grant an out-of-time appeal,
and that any remedy involving an out-of-time appeal must be sought in habeas corpus.
There, the Supreme Court vacated the trial court’s order denying the defendant’s
motion for out-of-time appeal and remanded with instructions to dismiss the motion.
Id. In response, the legislature enacted OCGA § 5-6-39.1, which became effective on
May 14, 2025. This statute allows for defendants to seek out-of-time relief if (1) the
defendant moves for leave to file an out-of-time motion for new trial or notice of
appeal within 100 days from the expiration of the time period for the filing of such
motion or notice, or (2) the defendant had an out-of-time motion or appeal dismissed
under Cook.

1
Gaddis has also filed two appeals in this Court. His appeal from an order
denying a motion to vacate a void sentence was dismissed for failure to file a brief. See
A25A1571 (May 27, 2025). We dismissed Gaddis’s appeal from an order denying a
motion to disclose grand jury minutes as moot. A27A0080 (Aug. 26, 2025).
OCGA § 5-6-93.1(b) does not apply to Gaddis as he neither filed a motion for
out-of-time appeal within 100 days from the expiration of the time period for filing a
notice of appeal nor had a motion for out-of-time appeal dismissed under Cook.2
Because Gaddis is not entitled to pursue out-of-time relief, the propriety of the trial
court’s ruling on his request for an out-of-time appeal is moot. See Carlock v. Kmart
Corp., 227 Ga. App. 356, 361 (3) (a) (489 SE2d 99) (1997) (a moot issue is one where
a ruling is sought on a matter that has no practical effect on the alleged controversy or
where the issues have ceased to exist); see also Ferguson v. State, 197 Ga. App. 443,
443 (2) (398 SE2d 738) (1990) (where a defendant is not entitled to an out-of-time
appeal, any request for appointment of counsel is rendered moot). Accordingly, this
appeal is hereby DISMISSED. See OCGA § 5-6-48 (b) (3) (providing for dismissal of
an appeal when the questions presented have become moot).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
01/27/2026
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.

2
Because it is not necessary to the disposition of this appeal, we do not address
whether a defendant who enters a guilty plea is entitled to seek an out-of-time appeal
under OCGA § 5-6-39.1.