Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I am seeking legal guidance on whether there is a basis or any case law in Georgia that indicates there are no appeals allowed in an uncontested divorce, which includes a settlement agreement. The divorce judgment was pronounced in 2014, and there have been no issues with the judgment. I need this... View More 
I'm dealing with a $387,000 judgment lien on my property from a personal injury claim I believe was obtained through fraud. They only accept $250,000 to settle, but I missed the appeal deadline. I face harassment from the claimant, who used abusive language and questioned my discovery... View More
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answered on Apr 16, 2025
If you believe the judgment was obtained through fraud, you may still have legal grounds to challenge it even after the appeal deadline. In Georgia, a court can set aside a judgment under O.C.G.A. § 9-11-60(d) if it was procured by fraud, accident, or mistake. This is not the same as an... View More
I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?
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answered on Apr 10, 2025
A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.
The factors that are considered when deciding on whether or not to grant bond are:
1. risk of... View More
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
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answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
I'm looking for information on recent criminal court cases in Georgia's Superior and Supreme Courts from 2024 to 2025 that were reversed due to issues with transcript certification. Specifically, I'm interested in cases where judges certified transcripts without any defense witnesses... View More
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answered on Apr 12, 2025
In Georgia, the certification of trial transcripts is governed by specific legal standards. According to Georgia Code § 15-14-5, court reporters are responsible for transcribing proceedings and certifying that the transcripts are true, complete, and correct. This certification is presumed accurate... View More
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... View More
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answered on Mar 24, 2025
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... View More
In the state of Georgia, are grand jury indictments required to be returned in open court with the presence of a judge, court reporter, district attorneys, and the grand jury? I am concerned because the indictment process happened 13 years ago, and the defendant has been in prison since then. A... View More
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answered on Mar 23, 2025
In Georgia, grand jury indictments are indeed required to be returned in open court. This is a longstanding legal requirement that has been affirmed through multiple court cases.
The Georgia Supreme Court has established that for an indictment to be valid under Georgia law, it must be... View More
I am representing myself (pro se) and filed a notice of appeal related to a consolidated case, which resulted in one final order. My appeal correctly targets this final order. However, I've requested the dockets of both cases to be included because they are essential for the appeal process.... View More
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answered on Apr 13, 2025
If the clerk is refusing to provide the cost bill unless you remove the request for the second case's docket, you could first attempt to clarify the necessity of that docket. You may want to send a formal letter or email to the clerk, explaining that the docket for the second case is essential... View More
I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my... View More
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answered on Mar 23, 2025
To appeal a probate court decision in Banks County, Georgia, you'll need to file a written notice of appeal with the probate court within 30 days of the judgment. Your appeal should clearly outline the constitutional violations you experienced, including the Fourth through Eighth Amendment... View More
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... View More
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answered on Mar 24, 2025
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... View More
I have documents, including a search warrant and 16 additional papers, that violate my right to due process by prejudicing my defense. Neither the judge nor my public defender will review this evidence. With an upcoming court date, whom should I contact about this situation?
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answered on Mar 24, 2025
If the judge and your public defender are ignoring clear violations of your due process rights, you have the right to take further steps. Start by contacting the state public defender’s office or their supervisor and file a formal complaint about your defender’s inaction. If you're being... View More
My son has been in county jail in Georgia without an indictment for several months. He was denied bond. He has a public defender who hasn't been much help. The crime involved a murder where my son was present but fled when he realized what was happening. He was charged with felony murder and... View More
answered on Feb 22, 2025
If you are unhappy with his current representation then you should consider hiring retained counsel. No one can give you legal advise on what to do in his case as we do not know the specifics and he has an attorney.
I am looking for help with a child custody/guardianship case that technically has closed in May of 2024, however an appeal has been filed so there will be an upcoming court date. I am looking for advice on what steps to take and how I can expedite this process, as the appeal is not progressing.... View More
answered on Dec 30, 2024
Hire an attorney to represent you. Most appeals are denied even when a good attorney is handling the case. You will need some help if you want any chance of success and this is not the forum to get actual legal advice on how to handle your own case.
my 21 yr son went to jury trial that lasted 2 days,they gave him 82 years for child molestation to my grandchild he is not gulity. jason swinddle carrollton ga was our lawyer he did nothing. we filled for new trial,granted new date dec. 17 2024. just found out moved date to feb 25 2025.want to file... View More
answered on Dec 4, 2024
A Georgia attorney could advise best, but your question remains open for over a week. It's going to be difficult for anyone to respond to your request for an attorney here. This forum is limited to brief Q & A. You're going to need to reach out to law firms on your own. You could... View More
What are my options
answered on Nov 5, 2024
You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.
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answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
Or what he bases his belief off of?
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answered on Oct 25, 2024
If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More
The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More
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answered on Oct 9, 2024
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More
at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More
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answered on Aug 31, 2024
In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More
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