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Georgia Appeals / Appellate Law Questions & Answers
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 D. Birchmore
Michael D. 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... View 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... View 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... View 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...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: Is hearsay admissible after the 10 day hearing of a dfcs case? Can you sue if they've done this?

I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... View More

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

You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

4 Answers | Asked in Appeals / Appellate Law, Child Custody and Family Law for Georgia on
Q: Can biological father appeal ruling of denied ligitimazation of child
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 27, 2018

We would need more information to determine if the father is within the appeal time limitations. Whether an appeal may be successful depends on several factors. I suggest you speak with an attorney as soon as possible if you have a recent adverse decision against you.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How may I apply for a supersedeas bond eithout a lawyer?
David Edward Boyle
David Edward Boyle
answered on Jun 8, 2018

You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a sex offender get off probation early with no violations, being a level 1 sex offender?
David Edward Boyle
David Edward Boyle
answered on May 28, 2018

Yes, file a motion to terminate your probation.

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Support for Georgia on
Q: Can you appeal an order from the judge ruling that I owe more money than I do and have proof and pay within 6mths?

This is child support from over 13 years ago

Kim Ebert
Kim Ebert
answered on Apr 23, 2018

If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence -... View More

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do I get an appeal application? Or a petition of whatsoever?

40-6-350 rights were taken from me.

Tyler Carey
Tyler Carey
answered on Apr 12, 2018

Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... View More

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What can I do if the court I'm appealing is not sending my appeal to Court of Appeals purposely?

I'm in a DFCS case and they're doing everything wrong. I filed a notice of appeal 4 months ago and they will not send it to the court of appeals. I have a legal right to an appeal a direct appeal. I filed a different notice of appeal today but my question is what can I do to force them to... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 11, 2018

You need to contact an appellate attorney to discuss your options for an appeal. Typically, orders in dependency cases are not direct appeals and you would need to apply for the right to appeal.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Child Support for Georgia on
Q: If an appeal is filed on a final judgement after a divorce and the csp was awarded cs. Does the ncsp still have to pay.

Even if the judgement rendered was against Ga law

Tyler Carey
Tyler Carey
answered on Jan 13, 2018

Yes! Until it is reversed on appeal the trial court's order is in full force and effect.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: I filed a notice of appeal in juvenile court. Can I still file motions with the judge that i'm appealing?

I want to file a motion for discovery but I have filed a notice of appeal. Should all contact be cut off while undergoing the appeal or should I still file the motion for discovery?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2017

There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be... View More

1 Answer | Asked in Appeals / Appellate Law and Car Accidents for Georgia on
Q: Appeals Inquiry? Does anyone have experience in this area?

Just got a verdict against me in a rear end car accident , where my car was totaled. The opposing attorney entered closing statements that should not have been said, but was and this dissuade the jury against me. Is there any way I can get an appeal against this verdict?

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

You had an attorney I assume. Not clear if you were plaintiff or defendant. Most states have an appeal as of right. You have a certain number of days to appeal and may have to file a request for new trial first.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Can I appeal a Georgia WCL Denial? Incomplete Criminal History

I applied for my WCL in the state of Georgia, and i was denied for the history pulled indicating a Battery (Misdemeanor), Disposition: Informal Probation; Additional Information: "Need final disposition and police report, possible domestic violence."

I do not recall this event. I... View More

Robbie Levin
Robbie Levin
answered on Aug 28, 2017

Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.

If you need further information, visit my website at www.LevinLawyerGa.com.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and White Collar Crime for Georgia on
Q: Can I get a statistic of people charge with a similar crime and sentence within my jurisdiction pls advise
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

Yes, from an analysis of other similar cases, from the Clerk of Court. Some are fully automated, and some are not.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a lawyer enter damaging character evidence in violation of his own motion of limine andnot be considered ineffective

The defense attorney brought up an old self defense charge, that was dismissed 10 years earlier, during a trial that relied mostly on character evidence despite putting in a motion of limine (at the request of the defendant) specifically requesting that this non indicted charge remained off record.

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.

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