The Georgia Court of Appeals has dismissed an appeal filed by Tyson T. White, who pleaded guilty to serious charges including incest and child molestation. The court ruled that White did not follow the necessary procedures to seek an out-of-time appeal, which has significant implications for his case and others like it.

This ruling affects White directly, as he sought to overturn his guilty plea from May 2022. The decision also highlights the importance of adhering to legal timelines and procedures, which can have lasting consequences in criminal cases.

Background

Tyson T. White faced multiple serious charges, including incest, aggravated sexual battery, aggravated assault, two counts of child molestation, and cruelty to children in the first degree. He pleaded guilty to these charges in May 2022. Following his guilty plea, White filed an extraordinary motion to withdraw it in June 2023. However, the trial court denied this motion on October 6, 2024.

In January 2026, White attempted to file a motion for leave to submit an out-of-time appeal, which would allow him to challenge his guilty plea despite missing the standard deadlines. This motion was based on a new statute, OCGA § 5-6-39.1, which was enacted after a Supreme Court ruling clarified the process for seeking out-of-time appeals. However, the trial court denied his request, leading White to file a notice of appeal.

The Ruling

The Court of Appeals of Georgia ruled that it lacked jurisdiction to hear White's appeal. The court referenced the Supreme Court of Georgia's decision in Cook v. State, which clarified that trial courts do not have the authority to grant out-of-time appeals. The court stated, "Accordingly, White is not entitled to out-of-time relief, and this appeal is hereby DISMISSED." This ruling was made by the judges of the Court of Appeals, although their names were not specified in the opinion.

The court further explained that the new statute, OCGA § 5-6-39.1, applies only if a defendant files for an out-of-time appeal within 100 days of missing the deadline or if they had a previous out-of-time appeal dismissed under the Cook ruling. Since White did not meet these criteria, the court concluded that it could not grant his request.

Impact

This ruling has significant implications for Tyson White and others in similar situations. It reinforces the necessity for defendants to adhere to strict timelines when filing appeals or motions. The dismissal of White's appeal means he will not have the opportunity to challenge his guilty plea through the out-of-time appeal process.

Additionally, this case could set a precedent for future cases involving out-of-time appeals in Georgia. It emphasizes the importance of understanding the legal requirements and timelines for filing appeals, particularly in serious criminal cases. Defendants may need to be more vigilant in ensuring their motions are filed correctly and on time to avoid similar outcomes.

What's Next

Details were not available in the court filing regarding whether White plans to pursue any further legal action, such as a habeas corpus petition, which may be his only remaining option to challenge his conviction.