Lawyers, Answer Questions  & Get Points Log In
Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.

1 Answer | Asked in Criminal Law, Adoption and Appeals / Appellate Law for Georgia on
Q: My ceillling is leaking sewer water an the hotel want move me or fix issues its making me ill my asthma is awful
Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

A Georgia attorney could advise best, but your question remains open for a week. This is not an appellate law matter; it is a health matter that needs timely attention. Have them move you or repair the problem if those are the immediately available options. You could sort other issues out after... Read more »

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: For an appeals case in GA, do I include everything I sent to District Court in my brief?
Charles William Michaels
Charles William Michaels answered on Aug 2, 2020

First, I am not a GA lawyer. That being said, usually the clerk of the lower court sends "the record" to the appellate court. That is usually everything in the case being appealed--docket entries, pleadings, discovery, motions, transcripts, orders, etc. And generally, the party appealing... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Support and Family Law for Georgia on
Q: contempt for not paying child support and attorney fees, sentenced to jail, can they appeal to avoid jail

If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 29, 2020

We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If there's No Minutes of the return of indictment, is the indictment valid.

I don't think that the indictment was properly returned, an the clerk says there's no minutes of the indictment being returned

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 20, 2020

It is best to contact an attorney as soon as possible who can assist you with your case.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: My brother was tried on a murder trial with 2 co defendants is that grounds for a appeal
Charles William Michaels
Charles William Michaels answered on May 13, 2020

If there was no motion at trial for separate trials (and that motion was denied), I don't see that a trial with co-defendants is a sole grounds for an appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is there anyway possible that my wife could be released from the bartow county jail
Ellaretha Coleman
Ellaretha Coleman answered on Mar 22, 2020

That depends. Depending on her charges, she may be eligible for a bond. You should speak with a criminal defense attorney to see what her options are.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: I really have a few questions need help plz.

Georgia DFCS is trying to terminate my rights when I've done what they ask. Please someone help me find out how to file appeals and know my rights.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You need to immediately consult an attorney to discuss your options.

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: What happens when a inmate did not get a initial appearance , preliminary hearing or arraignment but the court is ready

for trial in Georgia? What law and constitutional right was violated? He had charges in two counties for the same crime and have been sentenced in one of those counties. The lawyer was retained for both counties but did not do anything for the one that is ready for trial now, so he was fired. I do... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. More information Is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible. It is I’ll advised to proceed without an attorney.

We are glad to assist you. Contact us whenever you are ready.

I wish...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can you change guilty plea years after ?

I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.

Now i regret it and want to know the process if at all... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can Washington DC laws be used in Georgia State courts?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 18, 2019

More information is needed before an answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I have served 10+ years for armed Robbery for a broken broom stick that was not tested for finger prints and is picture

I can prove through transcripts and motion of Discovery how and when stick was planted

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 30, 2019

Your circumstances are unfortunate. There is more that is required to provide you with answer to what I gather is a question about appealing your conviction. It is best to contact an attorney who can discuss the specifics of your case.

We are glad to assist you. Contact us whenever you are...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How long does clerk of trial court have to transmit appeal to supreme court when appeal was timely filed

How long does clerk of court have to transmit the records of appeal? Was told by clerk they don't have a time limit and they have to find someone to do a transcript? Been going to court from January - June. Finally got an order on September 12, 2019. An appeal was immediately filed to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

In order to provide you with an accurate answer, more information is required. We are glad to assist you. Contact us soon. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: EX refusing to pay CS during appeal

EX has appealed CS order and says he does not need to pay until appeal is decided. My attorney agrees and also that EX won't have to pay arrears if appeal is denied. How can this be true? Can he file appeal after appeal to avoid CS? How am I supposed to care for my son?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

If there is an existing order, your son’s father must obey it; to say that he doesn’t have to because he filed an appeal is false. The penalty for failure to comply with a court’s order is contempt.

You may benefit from contacting another attorney. More information about your case is...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin
Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Family Law and Appeals / Appellate Law for Georgia on
Q: What kind of lawyer do i need if I've been unfairly treated by dept of family and children and want to appeal termina

I want to appeal termination of my rights

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2019

You can take your case to any family law attorney. They will review the facts of the case and see if there is anything they can help you with. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: HOW CAN I FIND AN ATTORNEY WHO WILL BE WILLING TO ASSIST ME IN SUING MY ATTORNEY?

I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.

Michael David Birchmore
Michael David Birchmore answered on Jul 5, 2019

On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If my rights were violated through Boykin, does this give me grounds to reverse my guilty plea?
Robbie Levin
Robbie Levin answered on May 16, 2019

The primary issue in determining whether a plea is lawful is whether the defendant entered a knowing, intelligent and voluntary guilty plea. If the Court and/or your lawyer failed to inform you of your rights under Boykin, it could be grounds to invalidate a guilty plea. You should consult a... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My federal habeas was dismissed due to untimely filing. My ?, what should I expect to pay for an out of time appeal

I was in prison from 2009 to 2017. My attorney filed a post judgement motion and then a appeal from that motion. However, all judgements, convictions, and sentences from the trial court are directly appealable to the Ga. Court of appeals. There is also a O.C.G.A. statute that states a post... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 6, 2019

Honestly. Expect to pay a lot. I don't do Appeals, but the saying you get what you pay for rings very true in appeals cases. Be prepared to spend a large amount of money because the data review alone is hours. I hope this helps.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is the 2013 code 17-10-6.1 section "e" mandatory minimum deviation retroactive?
Ecleynne Mercy
Ecleynne Mercy answered on Apr 22, 2019

Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.