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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Can a convicted defendants still file a motion for reduction of sentence at after filling a direct appeal

Can a convicted defendants still file for motion for reduction of sentence after filling a direct appeals

William C. Head
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answered on Aug 15, 2017

That procedure used to exist, but the Legislature no longer has that law. Before, a panel of other Superior Court judges would evaluate the person's case, prior record, versus the sentence handed down.

If no appeal was timely filed, within 30 days, uour best best is (within the first...
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1 Answer | Asked in Civil Rights and Appeals / Appellate Law for Georgia on
Q: Could you tell me how to find case briefs. I am looking for 384 U.S. at 444, 467, 479, 490, 86 S.ct. 1602
William C. Head
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answered on Aug 15, 2017

You will likely need to contact the attorneys in the case. Only certain cases have briefs available through Westlaw, which is an expensive service. Plus, this process for retrieval of briefs is new, relatively. Not all supporting legal papers are available, online.

1 Answer | Asked in Car Accidents, Traffic Tickets and Appeals / Appellate Law for Georgia on
Q: Anyone familiar with 40-6-126? Does this apply to a car that has intentions of turning left & more than 300ft away?

Accident occurred in turning lane. 1st party was idling, waiting to clear the turn lane. 2nd car was driving in the turn lane, more than 300 ft from her turn, crossing over 1 lane of traffic. Distance was verified at 345 feet. I was cited for the ticket. GA code 40-6-126

William C. Head
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answered on Aug 15, 2017

All police-issued tickets are based upon the officer's OPINION about what happened, and what was done. Then, a criminal defense attorney investigates and seeks to exclude illegal evidence or to refute the alleged facts.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do you optain discovery packets . or appeals for a case u were involved in
William C. Head
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answered on Aug 15, 2017

The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.

Some pre-trial motions and exhibits do not get transcribed. So, that...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Am I still eligible to receive a sentence as a First Offender under the First Offender's Act of Georgia?

I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from... View More

William C. Head
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answered on Aug 14, 2017

Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Georgia on
Q: is it too late to get divorce decree changed, i waived right to alimony

mediation was one week prior to court. last week was a hearing for temp support. at mediation I signed papers, after 5 hrs of mediation. I couldn't read the papers or concentrate. chemo and radiation, also with stress makes me tired and I get confused. lack of retaining info. att. said the... View More

William C. Head
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answered on Aug 4, 2017

This one is a huge mess, and it sounds like the lawyer you hired needs to answer these questions. Once a decree is signed, typically some "change of condition" is what is needed to justify a new court determination. That is not what you have described here.

Be aware that if you...
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1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for Georgia on
Q: how can I stop frivolous court appeals from a person illegally in my property?

My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... View More

William C. Head
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answered on Aug 4, 2017

Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Georgia on
Q: Would "laying drags" constitute an arrest being made if this was the only offense?

The backend of my truck fish tailed upon taking a turn. There were no pedestrians nearby. No one was injured. There was no property damage. I was fully cooperational. I didn't argue, or cause any trouble at all, yet I was arrested, and my car was towed. I just got done posting bail at... View More

William C. Head
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answered on Aug 4, 2017

Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.

It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Probate for Georgia on
Q: Do I have until the end of Misdemeanor probration to complete my comunity service hours if my regular fees are payed

The probation officer will not comply and find me a location to do my hours the place he is trying to make me do them says they do not do them. He also stated he would have me locked up if I didn't have 16 of them by monday. I have 4 months of probation left and only 40 hours or service . i... View More

William C. Head
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answered on Jul 21, 2017

If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.

The conditions of probation typically must be done long before the end of probation. I...
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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: If I don't have the court order yet, can I file the appeal. What is the other party holds up the order from hearing?

I want to file an appeal, but don't have the order. The opposing party drags their feet and it appears I only have 30 days to file appeal in ga?

Need to know what to do, as the other party has unclean hands.

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

You can get a copy of the court order from the clerk's office.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Georgia on
Q: My husband want his unemployment hearing. What are the chances of his employer winning an appeal to the board?

He won his hearing based on the fact that the employer didn't meet the burden of proof regarding warnings and Strikes because they claim there was a three-strike policy. The hearing to place over two days and his former employer did have an attorney. The boss did talk with my husband once... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

Hart to say--it depends on the adjudicator, how they felt. If he gets an employer decision then check with Ga.Legal Services/Legal Aid.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What is the standard of review on an application for appeal in Georgia?

I would assume it obvious you do not have to fully support the lower court's errors in order to have an application granted; if you did, there would be no need to file a notice of appeal and subsequently a brief afterwards, which you are required to do. So, what are you required to show the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

You have not even said what type of case this is. There are different standards of review.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do i file an appeal for an abandoned vehicle claim
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

Hire an attorney.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What conflict of interest cases would apply in a case where, Trial counsel from a previous conviction set up the plea?

Trial counsel set up a plea that tied in the appeal rights and motion for new trial from his case, this plea was set up in a case in which he wasnt appointed as counsel..

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

None that I can see from what you have written.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: In civil court. A judge ordered me to pay some of my son's mom lawyer fee. She did not win the case. How do I appeal?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 9, 2015

This question is far too old for an answer to be of any benefit to you.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How can I appeal an eviction order?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

When you want to file an appeal, the best thing to do is to get an appellate attorney.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How to file an appeal in juvenile court pro se are there forms I can purchase and submit myself?

Jude ruled for children to be placed in foster care

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

When you need legal advice it is always best to actually go see an attorney for a full discussion of the issues.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: Is 6 months to long for inmate to be waiting on sentenceing.what can be done?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

Speak with the attorney who represent you about this.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: Can a person go to jail for jay walking if there was no injury or harm to anyone nor damages?

I have a friend who was arrested and detained for a jay walking case, and is now in jail for 3 months with no bond, or paroll, or any visitation rights for the first month, is there a way to appeal this case without legal aid?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 21, 2015

He needs an attorney, needed one initially, and this is sometimes what happens. There is perhaps not even a possibility of an appeal, but there certainly are not enough facts given to make a solid determination.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do you go about filing an "Extraordinary Motion for Out of Time Appeals? "
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Hire appellate counsel in your local area.

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