Just because someone has been convicted by a grand jury and found guilty in a criminal trial doesn’t mean the case is over. All criminal defendants retain the right to appeal a conviction. Defendants can appeal and request that the conviction be overturned and a new trial granted. In Georgia, murder cases are appealed to the Supreme Court of Georgia and all other crimes are appealed to the Georgia Court of Appeals.
The Mechanics of Vocation
The first step to appealing a conviction in Georgia is to file what is known as a “request for a trial” within thirty days of the verdict or verdict. Even filing a simple request for a new trial will stop the clock and give your attorney the time needed to request the transcripts of the trial and assemble other evidence. The request for a new trial also gives the defendant an opportunity to try to persuade the trial court to vacate the conviction and allow a new trial.
If the trial judge denies the request for a new trial, an appeal must be filed within thirty days of the denial. Once the case is heard in the Court of Appeals and the record is prepared, each side (the defense and the prosecution) prepares briefs to submit to the court. If necessary, the court may hear each party orally on the disputed legal issues. The court then makes a decision.
What kind of issues can be addressed in an appeal?
Some of the most common allegations in a criminal proceeding are ineffective counsel and insufficient evidence. Invalid assistance by counsel exists where the trial attorney’s representation in the case was defective and where (without that defect) the outcome of the trial would have been different. Examples of ineffective assistance from a lawyer may include failure to prepare an adequate defense, questioning witnesses, or objecting to prejudicial or irrelevant evidence that is included in the court hearing.
Other appeal issues include prejudicial or irrelevant material introduced into evidence against defense counsel’s objection; and denying requests to suppress evidence or testimony that violates the Fourth or Fifth Amendment. Appellate attorneys can also challenge comments made by prosecutors, judges, or witnesses during the trial, as well as technical issues with jury selection or the grand conference.
Other ways to appeal a conviction
If the Court of Appeals denies your appeal, you can request that the Georgia Supreme Court review your case by filing a request for certiorari. However, these petitions are discretionary – meaning the court does not have to accept your case.
Another way to appeal a criminal conviction is to file a state petition for habeas corpus. State habeas petitions are civil petitions aimed at challenging constitutional issues such as ineffective counsel. After all avenues have been exhausted, there are both federal habeas corpus petitions and extraordinary motions. These Opinions are rare but can be requested when no other options are available.
