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Georgia Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Consumer Law and Appeals / Appellate Law for Georgia on
Q: I just filed an appeal pro se. I need to add the request for all transcripts and proceedings.

Can I efile this request. What is the filing code. I believe that I have 14 days after the original notice of appeal, is that correct?

0 Answers | Asked in Appeals / Appellate Law for Georgia on
Q: What would be a reason that I could file an outer date appeal,?

I asked the judge and the da I wrote them a letter when I was in jail if they could give me a continuance on the case on another court case and another county. And I didn't hear anything back for months all of a sudden they're coming to get me on a production order taking me to court... Read more »

0 Answers | 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 »

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: if prisoner sentence was affirmed on appeal and years later it determined by same appeals court it was in fact void,

...does every other hearing and appeals after that is void as well since the appeals court originally never had jurstiction in the first place?

0 Answers | Asked in Personal Injury, Appeals / Appellate Law and Civil Rights for Georgia on
Q: appeal in my dismissed lawsuit has 4big errors what can I do ??

The lawsuit was about lupron a drug that is being used also for tans kids, It destroyed my daughter an ICU<NICU critical care nurse. It was given to her as free sample by a doctor she trusted. She did not know it was a sample drug until she saw the lawsuit. She is totally disable, losing her... Read more »

0 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: What should a tenant do about aggressive "soft eviction" practices while waiting on an appeal?

Im in the apartment re:appeal and have paid the full balance to the court and paying monthly rent to the court per the judges order. I get a late notice every month demanding the balance in full, credit reporting, a... 2 days after filing appeal, the kitchen (including fridge and freezer) was... 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
PREMIUM
Charles William Michaels
answered on Jul 26, 2022

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

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How to obtain the evidence needed to prove any legal error ?

It is a total of three of us on the case all three of us was charged with murder, armed Robbery, aggravated assault and possession of a firearm in the commission of a felony. But only one witness actually said something about a robbery or that we plan to do a robbery together as 3 but the other... Read more »

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: My boyfriend already did 10 years in state prison. How do he get released early or know when will he get released

He got sentenced for 6 charges and 1 person got on the stand and testified saying he did it and they took that as evidence

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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