A guilty verdict does not always mean a criminal case is over. Under Georgia law, individuals who have been convicted of a crime may have the right to appeal the decision. An appeal does not retry the case from the beginning, but it allows a higher court to review whether legal errors occurred that may have affected the outcome.
At Wosnik Law, we explain how appealing a criminal conviction in Georgia works, what issues may be raised, and the legal paths that may be available after a conviction.
How the Criminal Appeals Process Works in Georgia
Appealing a criminal conviction in Georgia follows a formal process governed by strict rules and deadlines. In most cases, the first step is filing a motion for new trial within 30 days of the verdict or final judgment. This filing preserves the right to appeal and allows time for trial transcripts to be prepared and reviewed.
If the trial court denies the motion for a new trial, a notice of appeal must be filed within 30 days of that denial. The case is then transferred to the appropriate appellate court. Murder cases are appealed directly to the Supreme Court of Georgia, while most other felony cases are reviewed by the Georgia Court of Appeals.
After the appeal is docketed, both sides submit written legal briefs outlining their arguments. In some cases, the appellate court may also hear oral arguments before issuing a written opinion.
Legal Issues That May Be Raised on Appeal
An appeal does not involve presenting new evidence or re-trying the case. Instead, the appellate court reviews the trial record to determine whether legal errors occurred. Common issues raised when appealing a criminal conviction in Georgia include:
- Ineffective assistance of counsel, where trial representation failed to meet legal standards
- Insufficient evidence, meaning the evidence presented did not legally support the conviction
- Improper admission of evidence, including prejudicial or irrelevant material
- Denial of motions to suppress, involving evidence or statements obtained in violation of constitutional rights
- Prosecutorial or judicial misconduct, such as improper statements during trial
- Errors during jury selection or jury instructions
The appellate court considers whether any identified errors affected the fairness of the trial or the verdict.
Additional Legal Options After a Direct Appeal
If the Georgia Court of Appeals denies the appeal, a defendant may request review by the Supreme Court of Georgia through a petition for certiorari. This type of review is discretionary, meaning the court decides whether to accept the case.
Another post-conviction option is filing a state habeas corpus petition, which is a civil proceeding used to challenge constitutional violations, including ineffective assistance of counsel. After state remedies are exhausted, a federal habeas corpus petition or other extraordinary motions may be available in limited circumstances. These options involve additional procedural requirements and strict timelines. challenge constitutional issues such as ineffective assistance of counsel. After all avenues have been exhausted, there is such a thing as a federal habeas corpus petition as well as extraordinary motions. These final motions are rare, but can be sought if no other options are available.
Why Contacting Criminal Appeal Lawyers in Georgia Matters
The criminal appeals process in Georgia is highly procedural and time-sensitive. Missing a filing deadline or failing to preserve an issue during trial can limit or eliminate appellate review.
Speaking with criminal appeal lawyers in Georgia can help clarify whether an appeal may be available, identify potential appellate issues, and explain the steps involved in the process. This can be especially important for cases involving serious charges, constitutional claims, or prior post-conviction filings.
Contact Wosnik Law Today
If you are considering appealing a criminal conviction in Georgia, understanding the appellate process is an important first step. Each case is different, and available options depend on the facts, timing, and procedural history involved.
Contact Wosnik Law to request a free consultation. You can call the office or complete the contact form on this page to learn more.