Massaline v. Williams

In Massaline v. Williams, 274 Ga. 552, 555 (3) (a) (554 SE2d 720) (2001), the Georgia Supreme Court held that when a prisoner who is proceeding pro se appeals from a decision on his habeas corpus petition, his notice of appeal will be deemed filed on the date he delivers it to prison authorities for forwarding to the clerk of the superior court, and the date on the certificate of service will give rise to a rebuttable presumption that the prisoner handed his filing to the prison officials on that date. Id. at 555. The mailbox rule in Massalineapplies only to habeas petitions, however, not to direct appeals, and "does not exempt a pro se prisoner from complying with the statutory requirements to file a timely notice of appeal in any non-habeas criminal or civil filing." Riley v. State, 280 Ga. 267, 268 (626 SE2d 116) (2006).