Burkett v. State

── Burkett v. State ── Court: Supreme Court of Georgia Date: May 19, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0395 Julius Burkett, Jr. v. The State On Appeal from the Superior Court of Glascock County No. 2006CR043 Decided: May 19, 2026 PINSON, Justice. In August 2006, Julius Burkett, Jr., pleaded guilty to mal- ice murder and other crimes. 1 In March 2022, Burkett moved for leave to file an out-of-time notice of appeal. That motion was dis- missed because it was pending at the time that this Court decided Cook v. State, 313 Ga. 471 (2022), which ended the judicially cre- 1 A Glascock County grand jury charged Burkett with malice murder, felony murder, aggravated assault, rape, aggravated battery, burglary, and ag- gravated stalking. Burkett entered a non-negotiated plea of guilty to malice murder, aggravated assault, aggravated battery, burglary, and aggravated stalking. He received a life sentence for malice murder and consecutive sen- tences of 20 years each for aggravated battery and burglary and ten years for aggravated stalking. The aggravated assault charge merged with the malice murder count and the remaining counts were nol prossed. We note a potential merger issue with regard to the aggravated battery charge, which was based on the same conduct — striking the victim — as the malice murder conviction. See Stribling v. State, 304 Ga. 250, 254 (2018). But we do not reach that question due to the posture of the case. ated practice of granting leave to file an out-of-time notice of ap- peal. See id. at 505 (“[P]ending … motions for out-of-time appeals in trial courts should be dismissed.”). But in May 2025, the General Assembly created a new stat- utory procedure, complete with criteria for a trial court to con- sider in determining whether to grant leave to file an out-of-time notice of appeal or motion for new trial, see 2025 Ga. L. 252 §§ 1- 3 (codified at OCGA § 5-6-39.1). In doing so, the legislature also resurrected cases that had been dismissed based on Cook, giving any defendant “whose motion seeking an out-of-time motion for new trial or notice of appeal or whose granted out-of-time motion for new trial or notice of appeal was dismissed based upon the Supreme Court’s decision in Cook v. State ... the right to move for leave to file an out-of-time motion for new trial or notice of appeal until June 30, 2026.” OCGA § 5-6-39.1(b). Consistent with that provision, on August 28, 2025, Burkett moved for leave to file an out-of-time notice of appeal, citing the House Bill that ultimately became OCGA § 5-3-39.1. See 2025 Ga. L. 252, § 1-3 (House Bill No. 176). But the trial court dismissed the motion, citing Cook. Burkett appealed to the Court of Appeals, who transferred his appeal to this Court. As an initial matter, the District Attorney argues that we lack jurisdiction over this appeal because “direct appeals from guilty pleas” must be appealed by application for discretionary appeal. OCGA § 5-6-35(a)(5