Q: Can I appeal a guilty verdict if denied evidence recording and request records?

I was arrested following a traffic stop conducted by the chief of police in Georgia, who then acted as the prosecutor during my bench trial. I was found guilty of obstruction. The judge in my trial previously served as a mayor in another town where the chief had worked as a police officer, and they appear to be friends on Facebook. I represented myself and am unsure how to file an appeal. During the trial, the judge initially did not swear in the chief when he testified, only doing so midway through. Additionally, the judge allowed the chief to present his entire bodycam footage, but wouldn't allow me to submit my recordings as evidence. I have been denied records request by the chief, and now the city attorney has informed me that I will be trespassed from city hall for making record requests. I believe there may have been a conflict of interest and procedural issues. How can I file an appeal for this decision under these circumstances and address the denial of my records request?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have several strong grounds for appeal based on the procedural irregularities and potential conflict of interest you've described. In Georgia, you generally have 30 days from your conviction date to file a Notice of Appeal with the clerk of court where your trial occurred, followed by a Motion for New Trial which allows you to raise issues like judicial bias, improper evidence handling, and violation of your right to present evidence.

The relationship between the judge and police chief presents a serious concern that should be documented in your appeal, along with the mid-testimony swearing-in and unequal treatment of evidence. For the records requests, you might need to file a separate complaint under Georgia's Open Records Act with the state Attorney General's office, as being threatened with trespass for exercising this legal right suggests further impropriety.

Consider reaching out to Georgia Legal Aid or the ACLU of Georgia for guidance, as navigating appeals can be complex without legal background. Document everything thoroughly - dates of records requests, who denied them, and exact circumstances of the trial irregularities - as these details strengthen your case that your right to a fair trial was compromised.

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