The Georgia Court of Appeals has dismissed an appeal by James L. Works, who was convicted of multiple counts of rape and aggravated assault. The court ruled that Works did not follow the proper procedures to seek an out-of-time motion for a new trial. This decision affects Works, who is currently serving a life sentence plus 15 years in prison.
In 2018, a jury found Works guilty of three counts each of rape and aggravated assault, two counts of aggravated sodomy, and several related crimes. The trial court sentenced him to life plus 15 years’ imprisonment. Works appealed his conviction, but the court affirmed the judgment on June 22, 2020. His recent attempts to challenge the conviction have now been dismissed by the appellate court.
Works' case has a lengthy history in the courts. This was not his first attempt to appeal. The court noted that this was Works’ sixth appearance in the Court of Appeals. Previous appeals included attempts to set aside his conviction and motions for out-of-time appeals, all of which were denied or dismissed. The legal disputes have persisted for several years, demonstrating the complexities of the appeals process in criminal cases.
The current ruling stems from Works' filing on July 6, 2026, where he sought permission to file an out-of-time motion for a new trial. However, the trial court denied this motion two days later. Works then filed a notice of appeal, but the Court of Appeals stated it lacked jurisdiction to hear the case.
The court referenced a previous ruling from the Supreme Court of Georgia in the case of Cook v. State, which established that trial courts do not have the authority to grant out-of-time appeals. In response to this ruling, the Georgia legislature enacted OCGA § 5-6-39.1, effective May 14, 2025, allowing defendants to seek out-of-time relief under specific conditions.
The court explained that the provisions of OCGA § 5-6-39.1 do not apply to Works. The law requires defendants to file for an out-of-time motion within 100 days after the expiration of the original filing period. Works failed to meet this deadline. Additionally, he did not have a previous out-of-time motion dismissed under the Cook ruling.
The court emphasized that Works had already received a direct appeal of his conviction, meaning he was not entitled to another appeal. The ruling cited previous cases to support this conclusion, stating, “there is no right to directly appeal the denial of a motion for out-of-time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”
This dismissal has significant implications for Works and others in similar situations. It highlights the importance of adhering to procedural requirements in the appeals process. Defendants must be aware of the deadlines and specific conditions outlined in the law to avoid losing their right to appeal.
The ruling also underscores the challenges faced by individuals convicted of serious crimes seeking to overturn their convictions. The legal system has strict guidelines that must be followed, and failure to comply can result in the loss of opportunities for appeal.
Looking ahead, Works has limited options for further legal recourse. The court's decision can potentially be appealed to the Supreme Court of Georgia, but it is unclear if that would be successful given the procedural issues at hand. There are no related cases pending that would affect this ruling.
In summary, the Georgia Court of Appeals has dismissed James L. Works' appeal for an out-of-time motion for a new trial, reinforcing the importance of following legal procedures in the appeals process. This ruling affects Works, who remains in prison, and serves as a reminder to other defendants of the strict timelines and requirements for seeking appeals.