Adonis McKisic v. State
CourtCourt of Appeals of Georgia
Date FiledSeptember 14, 2026
DocketA27A0291
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 14, 2026
The Court of Appeals hereby passes the following order:
A27A0291. ADONIS MCKISIC v. THE STATE.
A jury found Adonis McKisic guilty of robbery and battery, and we affirmed the
denial of his motion for a new trial in May 2026. See McKisic v. State, 379 Ga. App.
656 (930 SE2d 853) (2026). In June 2026, McKisic filed a pro se motion for an out-of-
time motion for a new trial, which the trial court denied. McKisic then filed this pro
se direct appeal. We lack jurisdiction.
Out-of-time appeals and out-of-time motions for a new trial are governed by
OCGA § 5-6-39.1. These procedures serve as remedies for a frustrated right of appeal.
See Kilgore v. State, 325 Ga. App. 874, 875(1) (756 SE2d 9) (2014). Because McKisic
has already had a direct appeal from the denial of his motion for a new trial, he is not
entitled to an out-of-time motion for a new trial or to appeal the denial of his motion
for an out-of-time motion for a new trial. See generally Richards v. State, 275 Ga. 190,
191 (563 SE2d 856) (2002) (“[T]here 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.”); Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001)
(a defendant “is not entitled to another bite at the apple by way of a second appeal”).
To the extent that McKisic’s June 2026 motion sought to vacate or modify his
convictions, “a petition to vacate or modify a judgment of conviction is not an
appropriate remedy in a criminal case,” Harper v. State, 286 Ga. 216, 218(1) (686
SE2d 786) (2009), and any appeal from an order denying or dismissing such a motion
must be dismissed, see id. at 218(2). See also Roberts v. State, 286 Ga. 532, 532 (690
SE2d 150) (2010).
Accordingly, this appeal is hereby DISMISSED. See Roberts, 286 Ga. at 532;
Harper, 286 Ga. at 218(2); Richards, 275 Ga. at 191–92.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/14/2026
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.