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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
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answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Can a motion to modify sentence be filed after a denial of a appeal?

My brother was denied appeal last month we I want to know can he put in for a sentence reduction

James L. Arrasmith
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answered on Nov 12, 2023

Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence.

It's...
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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: Can I appeal a writ of FI FA levy against me

Customer won civil trial in his statement of claim the 3 issues he filed suit for I have direct proof they are lies in the form of his own texts messages to me before suit was filed. Purgury is lying under oath. I did not pay court ordered money. On 9/10/23 deputy sherrifs came to my house... View More

John Michael Frick
John Michael Frick
answered on Sep 10, 2023

If the customer won the civil trial, you are now precluded from contesting that judgment other than by means of an appeal. Presumably the text messages providing direct proof of the lies were offered into evidence by your attorney at that trial. If not, why not? They’re not newly discovered... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Does my cousin have a chance of having a judge lessen his sentence if he has been diagnosed with cancer?

His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Georgia on
Q: do you have to sign a dependency petition to consent/stipulate to the allegations? can consent be rescinded or vacated?

i was told by the court appointed attorney that all i would have to do is consent to a psychological and couples counseling, the court would oversee the progress, my daughter would remain with us, case closed with completion. fast forward to the hearing: girlfriend and myself appeared via zoom to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 30, 2023

You should get an attorney who represents parents in juvenile cases to represent you. I fear you're going to have a very hard time getting your child back representing yourself.

Q: How can I get a rehearing or appeal decision for involuntary tpr hearing or transfer case to the state I live in now?

My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: I had the same public defender at trial and on direct appeal. Is this considered a conflict of interest.

And can I raise this in a second habeas corpus

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

There is no "conflict of interest" when a trial attorney handles the appeal.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Is a 911 tape acceptable to be play at trial by victim that been drinking?
Glenn T. Stern
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answered on May 21, 2023

Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
answered on Mar 21, 2023

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

1 Answer | Asked in Appeals / Appellate Law and Probate for Georgia on
Q: How long do I have to file an appeal on a probate judge's decision
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What does “Affidavit for Dismissal of Notice of Appeal” mean in a criminal case?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2022

I assume it is an exhibit / affidavit for a motion to dismiss the appeal.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Georgia on
Q: I filed an open default within the timeframe the law allows, paid the fee and filed my arguments. Can I appeal?

I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?

Charles William Michaels
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Charles William Michaels
answered on Oct 16, 2022

I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... View More

1 Answer | 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... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... View 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
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Charles William Michaels
answered on Jul 26, 2022

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

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,... View 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
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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
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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... View 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
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

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