Is it too late to pursue a conflict of interest in a GA trial after 13 years?

Question

My son has been incarcerated for 13 years, and at the end of his trial, he discovered a conflict of interest: the jury foreman and the judge knew each other personally. This concern was brought to his public defender at the time, but no actions were taken regarding the conflict. There haven't been any recent developments or new evidence. Is it too late to pursue this issue now in Georgia?

James L. Arrasmith · Answer

This is a complex situation with potential legal options, but time is a significant factor in Georgia's post-conviction process. In Georgia, there's typically a four-year statute of limitations for filing habeas corpus petitions based on constitutional violations, which a judicial conflict of interest might qualify as. However, the clock usually starts running from the date of conviction or when the conflict should have been discovered. 
 
You might still have options despite the time that has passed. Courts occasionally make exceptions for "newly discovered evidence" or when there was ineffective assistance of counsel—which could apply if your son's public defender failed to act on this information. The relationship between the judge and jury foreman would need to be proven substantial enough to have potentially affected the outcome of the trial. 
 
Your next step should be consulting with a post-conviction attorney in Georgia who can review the case details and determine if there's a path forward. They might explore whether the conflict creates grounds for an "extraordinary motion for new trial" or if there's a basis to argue that the time limitations should be tolled due to the public defender's inaction. While challenging, it's worth investigating if this conflict truly compromised your son's right to a fair trial.

Q: Is it too late to pursue a conflict of interest in a GA trial after 13 years?