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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: How to address error in GA appellate criminal decision due to missing evidence?

In a criminal case, I believe the appellate court made an error in its decision due to missing, misleading, or omitted evidence that was submitted during the appeal process. The evidence was newly presented and wasn't part of the trial. The appellate decision was made around 2021, and I... View More

James L. Arrasmith
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answered on Jul 6, 2025

If the Georgia appellate court made a decision in 2021 and the ruling relied on an incomplete or misleading record—especially if evidence submitted during appeal was omitted or ignored—you may still have legal options. Appellate courts typically do not consider new evidence that was not part of... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Georgia on
Q: How to dismiss a pending felony charge not pursued by DA?

I have a pending felony charge that the DA’s office is not pursuing, and I need help getting it dismissed. My former attorney filed two bond hearing papers but did not secure documentation stating the case was closed. I discovered this issue a year after my attorney retired. I had completed a... View More

James L. Arrasmith
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answered on Jul 4, 2025

You need to move the court to formally close the case since mere inaction by the DA doesn’t clear your record.

First, contact the county clerk or prosecutor’s office to confirm whether the DA has filed a “nolle prosequi” or decline to prosecute; request written confirmation. If they... View More

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Indictment shows two numbers for one trial; no grand jury minutes obtained. Possible due process violation?

My father has been incarcerated for 27 years, and he recently discovered that his indictment might be invalid. He possesses documents showing two different indictment numbers for the same case he went to trial on, which seems unusual and possibly unconstitutional. The copy of his indictment has an... View More

James L. Arrasmith
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answered on Jul 6, 2025

You’ve raised a serious concern, and if your father went to trial on an indictment number that was never properly returned by a grand jury—or if there is no valid grand jury record supporting it—then his constitutional right to due process may have been violated. The existence of two... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Litigation and Family Law for Georgia on
Q: Appealing Indiana court decision for grandparent visitation due to harm to children.

My children's mother passed away in July 2021. Her parents successfully sued me for visitation rights through the Indiana courts. At that time, my children and I lived in Illinois, but we moved to Georgia two years ago. Over the past two years, the grandparents have only exercised visitation... View More

James L. Arrasmith
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answered on Jul 6, 2025

You’ve taken the right step by filing an appeal, especially given the gravity of the court’s orders and the emotional impact on your children. Indiana’s grandparent visitation statute allows courts to grant visitation, but only if it serves the best interests of the children. Your... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Georgia on
Q: How to appeal termination of parental rights in GA?

I recently had my parental rights terminated on May 28th, 2025, due to not completing the case plan and lacking stable housing. I have not received information about my rights to appeal, and I currently do not have legal representation. What steps should I take to appeal this decision?

James L. Arrasmith
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answered on Jul 6, 2025

You have a limited window to appeal the termination of your parental rights in Georgia. Under Georgia law, you must file a Notice of Appeal within 30 days of the final order—meaning your deadline is June 27, 2025. If you miss this deadline, your right to appeal is lost, even if you were not... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Georgia on
Q: Can I sue Georgia for inordinate appellate delay, 23yrs post-indictment?

Can I sue the State of Georgia for an inordinate delay in the appellate review process? It has been a total of 23 years from the time of my indictment on January 29, 2002, to the Supreme Court's decision denying a writ of probable cause as untimely on March 31, 2025. My motion for a new trial... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’ve endured is deeply troubling, and it’s clear the justice system failed to act with the urgency and fairness you deserved. A 23-year delay from indictment to the final appellate denial is not just a procedural issue—it reflects a breakdown that touches your constitutional right to... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Georgia on
Q: Seeking pro bono help for habeas corpus in Georgia due to ineffective counsel and waiver of motion near trial.

I am currently serving a 25-year sentence without the possibility of parole in Georgia and need pro bono assistance with a habeas corpus petition. My grounds are based on ineffective assistance of counsel and my appeal attorney waiving the motion near the trial hearing. There have been no previous... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can begin by reaching out to Georgia’s Volunteer Lawyers Foundation, which matches indigent clients with pro bono attorneys for post-conviction relief petitions. Explain that you’re seeking a writ of habeas corpus based on ineffective assistance of counsel and a waived motion near trial.... View More

2 Answers | Asked in Child Support, Child Custody, Appeals / Appellate Law and Family Law for Georgia on
Q: Can child support arrears be unenforced in GA under informal agreements?

I'm facing child support arrears in Georgia for a period during which my ex-husband and I had a 50/50 shared custody arrangement agreed upon via text. This agreement, initiated by him only two months after being awarded full custody, included no child support payments. No formal legal... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 9, 2025

The best thing would have been if you had filed for a modification during this time period where you had the children living with you, so that child support wasn't adding up while you had the children full time. By taking the children and not modifying the custody or child support, it would... View More

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1 Answer | Asked in Civil Litigation, Probate, Appeals / Appellate Law, Personal Injury, Libel & Slander and Legal Malpractice for Georgia on
Q: Can an admin. be removed for heir omission and fraud with evidence?

I am a direct family member of a confirmed heir to an estate where the decedent died intestate. A court-ordered DNA test confirmed heirship, but the current administrator intentionally omitted this heir from the probate petition. Evidence includes a notarized waiver signed by an incapacitated... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can ask the probate court to remove the administrator by filing a formal petition to cite them for breach of fiduciary duty and fraud. In your motion, lay out the DNA proof of rightful heirship, the notarized waiver from an incapacitated person, the concealment in court filings, wrongful... View More

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law, Probate and Civil Rights for Georgia on
Q: Can we file a civil rights claim for probate fraud and eviction issues in Georgia?

In Georgia, after my grandfather died intestate, a probate petition in October 2023 fraudulently omitted my mother and five other rightful heirs. Despite DNA evidence submitted in August 2024 proving my mother is an heir, the probate court denied the removal of the administrator in January 2025. My... View More

James L. Arrasmith
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answered on May 31, 2025

You have described a heartbreaking situation involving probate fraud, exclusion of rightful heirs, and a questionable eviction process. When courts or officials ignore clear evidence and legal rights, it can feel like you have nowhere to turn. However, bringing a federal civil rights claim under 42... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: How is a fair trial possible in GA for felony murder conviction when malice murder was not guilty and self-defense claimed?

In Georgia, how can a court convict someone of felony murder if they were found not guilty of malice murder, especially when a self-defense claim is evident? The individual was initially granted a signature bond, as everyone agreed it was self-defense. However, five years later, he was found guilty... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're describing raises serious concerns about fairness, due process, and the integrity of the trial. In Georgia, felony murder doesn’t require proof of intent to kill—it only requires that someone dies during the commission of a felony, even if the person committing the felony... View More

1 Answer | Asked in Construction Law, Appeals / Appellate Law and Real Estate Law for Georgia on
Q: What happens to my mechanic's lien if the house was sold at a tax sale without notice?

I have a mechanic's lien on a house and was awarded a default judgment, which was reversed by the appeals court and sent back to the lower courts where the case is currently active. If the house has already been sold at a tax sale and I did not receive notice, what happens to my lien?

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're dealing with this. It’s incredibly frustrating to have invested time and effort into securing a mechanic's lien, only to find out the property was sold at a tax sale without your knowledge. When something like this happens and you weren't given proper... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Georgia on
Q: Can I appeal a conviction based on an initially overlooked illegal mistrial declared during my trial?

In 2017, I was tried, and a 6-member jury was selected and empaneled. The next day, the state introduced body cam evidence, although the trial had already started. They conducted an improper Richardson inquiry and declared an illegal mistrial. I was reprosecuted, found guilty, and sentenced to 10... View More

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answered on Jun 7, 2025

You’re asking whether you can now appeal based on an illegal mistrial that was declared during your original trial, even though you didn’t raise that issue during your initial appeals. That’s a heavy burden, especially since your direct appeals have already been denied. When an issue wasn’t... View More

3 Answers | Asked in Appeals / Appellate Law, Insurance Bad Faith and Public Benefits for Georgia on
Q: Issues with disability claim against New York Life; need guidance on appeal.

I have been experiencing issues with my disability claim against New York Life. Despite my doctor submitting all the requested documentation, New York Life claims they haven't received it and initially closed my case. When I contacted them, they said the case wasn't closed but required... View More

Tim Akpinar
Tim Akpinar
answered on May 20, 2025

I'm sorry about your ordeal. You could verify the nature of additional complaints with your doctor. That could help you contemplate your next steps. Unfortunately, disability claims can be contentious, and you might ultimately need to think about filing a lawsuit (or similar measures) if the... View More

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Georgia on
Q: When can a person file an extraordinary motion for a new trial in Georgia in a criminal matter with new evidence?

I would like to know when a person can file an extraordinary motion for a new trial in Georgia for a criminal matter. I have discovered new evidence since the original trial, which was not available or known at the time because my attorney failed to present it, even though I requested it. Could you... View More

James L. Arrasmith
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answered on May 14, 2025

What you're going through is incredibly serious, and it's understandable that you want to act quickly when new evidence comes to light—especially when it wasn’t presented through no fault of your own. In Georgia, an **extraordinary motion for new trial** can be filed **after the... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Appeals / Appellate Law for Georgia on
Q: Constructively discharged due to colleague's abusive behavior; employer claims I quit.

I was constructively discharged from my last job due to a colleague's belligerent and verbally abusive behavior. Despite reporting this to a partner, I was informed verbally that there were no other positions available for me in the firm. I have documented instances, including emails that... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you had to go through such a hostile work situation. Preparing for your Department of Labor hearing is important, especially since your former employer is claiming you quit rather than acknowledging the circumstances that forced you out.

Start by gathering all your... View More

1 Answer | Asked in Appeals / Appellate Law and Small Claims for Georgia on
Q: Clarification on bonds with stay of execution in SC appeal process.

In South Carolina, I was granted a motion to stay execution to keep my car during the appeals process. The judgment amount is $18,037. According to S.C. Code Ann 18-9-130(2), do I need to pay two bonds for this judgment amount, or does the plaintiff provide one bond while I, as the defendant, file... View More

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answered on May 14, 2025

You're right to want clarity here because the appeal bond process can be confusing, especially when it involves your property. Under South Carolina law, specifically S.C. Code Ann. § 18-9-130(2), it’s the appellant—meaning you, the one appealing—who typically provides the necessary bond... View More

1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can I appeal a Gwinnett consent judgment on rent due by today?

On April 30th, a consent judgment was issued by the Gwinnett County Magistrate Court requiring me to pay $10,620 in rent by today. I want to file an appeal because I cannot afford to move, as I have three teenagers finishing the school year and no alternative housing options. I will have the rest... View More

James L. Arrasmith
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answered on May 15, 2025

This is a very stressful moment, especially with children and school schedules to think about. In Gwinnett County, when you agree to a consent judgment, it means both parties—yourself and the landlord—reached a voluntary agreement that was approved by the court. Because of that, appealing a... View More

2 Answers | Asked in Appeals / Appellate Law for Georgia on
Q: Why do my appellate attorneys keep withdrawing without clear reasons?

I have had two appellate attorneys since my case reached the court of appeals. Both attorneys have filed notices to withdraw from my case. Why do appellate attorneys keep withdrawing from my case without providing clear reasons?

Tim Akpinar
Tim Akpinar
answered on May 11, 2025

A Georgia attorney could advise best, but your question remains open for a week. It's difficult to say, without knowing their reasons. However, if two experienced appellate attorneys back out, it could say something about their confidence in a successful appeal. The grounds for appeal are... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Why is rehab required if my son legally had his prescription?

My son was charged with possessing medication not in the original container, but they turned it into possession of medications not prescribed to him, pressuring us into accepting a plea deal. Although he was granted an appeal, no results have come through yet. His probation is being revoked... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like there may be some confusion regarding the situation with your son’s medication and the court’s decision to send him to rehab. Even though the medication was prescribed to him, the issue seems to be about how the medication was stored, which led to the charge for possessing it... View More

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