Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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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 
I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation
answered on Jul 3, 2024
As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More
Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?
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answered on May 19, 2024
If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More
What can I do about this?
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answered on May 1, 2024
If you believe there has been misconduct or errors in your case handled by the court of appeals or juvenile court, you have several options. Firstly, you may consider filing a petition for reconsideration in the same appellate court to ask the judges to review their decision, pointing out the... View More
And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?
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answered on May 1, 2024
If your appeal was denied by the court of appeals despite presenting evidence of misconduct in the juvenile court, you might feel understandably frustrated. However, you still have some options. Firstly, consider requesting a reconsideration from the same court of appeals, if this is permissible... View More
Can I do that in person at this time or do I need an attorney to do that but it must be done right now today
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answered on Mar 31, 2024
If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:
1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should... View More
I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?
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answered on Mar 31, 2024
I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:
1. Go to the clerk's office for the court that issued the dispossessory order (in this case,... View More
Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me
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answered on Mar 29, 2024
Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More
and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More
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answered on Mar 9, 2024
It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:
1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of... View More
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
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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... 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
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 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 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
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
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.
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
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