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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What does “Affidavit for Dismissal of Notice of Appeal” mean in a criminal case?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2022

I assume it is an exhibit / affidavit for a motion to dismiss the appeal.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Georgia on
Q: I filed an open default within the timeframe the law allows, paid the fee and filed my arguments. Can I appeal?

I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?

Charles William Michaels
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Charles William Michaels
answered on Oct 16, 2022

I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can a conviction be remanded being the charges did not merge even though it was in the same commission with a weapon

Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Am I allowed to view e-records from the other party if those e-records are used against me in court?

The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?

Charles William Michaels
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Charles William Michaels
answered on Jul 26, 2022

You should be able to view the entire record, including materials from the other side.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a un indicted accomplice who didn't see the actual crime be exempt by the hearsay exemption rule?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 12, 2022

Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and White Collar Crime for Georgia on
Q: Federal criminal court. What is the process after a vacate and resentencing has been ordered by the appellate court?

How long does this process take the district court to do this? Is the psr always redone

Joseph Abrams
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Joseph Abrams
answered on Mar 10, 2022

It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I'm looking over the jury instructions, but I'm particularly searching to see if my jury was or was not instructed

Pertaining to OCGA 24-14-8. The question is what exactly am I looking for to determine if the accomplice corroboration charge was or was not included into my jury instructions

Robbie Levin
Robbie Levin
answered on Feb 2, 2022

You can purchase a transcript of the trial proceedings or a portion of it. The jury instructions would be included.

For more information visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Its been 32 days since my trial. Can i still file an appeal or motion for new trial? Is it 30 Business days or just 30
Charles William Michaels
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Charles William Michaels
answered on Jan 5, 2022

First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: if i had a civil judgement against me can i appeal it?
Katie Marie Charleston
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Katie Marie Charleston
answered on Nov 1, 2021

This will depend on they type of case and what causes you might have for an appeal. Appeals usually have a short time to file so it is best to retain counsel as soon as possible

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My lawyer didn't tell me I had ten days to motion for reconsideration with the appeal court.

he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 15, 2021

I'm sorry, but what is your question?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Jun 24, 2021

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis
answered on Jun 10, 2021

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I been convicted of murder with no evidence no body,DNA,or blood I didn't do this crime can anyone help

I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Jan 26, 2021

You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.

For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Do I have to have a lawyer to file the retro first offender motion?

I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Jan 4, 2021

I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If a lawyer claims he or she was ineffective at trail how dose that help a person who was sent to prison for nothing

I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened

Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Dec 14, 2020

Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will... Read more »

2 Answers | Asked in Appeals / Appellate Law and Child Support for Georgia on
Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced

We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 9, 2020

You may not be able to do anything. Evidence you found after the fact that you could have found before is not a reason to reopen a case,

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do I obtain a pro bono attorney for an appeal with the Georgia court of appeals?

My motion to suppress was denied but it shouldn't have based on Georgia and federal law

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

A Georgia attorney could advise best, but your post remains open for a week. You could search under legal aid and pro bono-related entities. Finding pro bono counsel could depend on the nature of the matter - organizations that offer their services in this area tend to apply guidelines in limiting... Read more »

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