Issues Unique to Georgia Criminal Appeals
Georgia's appellate court system presents distinct challenges and opportunities for defendants seeking post-conviction relief. The state maintains a two-tiered appellate structure consisting of the Georgia Court of Appeals and the Georgia Supreme Court, each with specific jurisdictional authority that affects how criminal appeals proceed. Understanding which court will hear your appeal is essential because it determines the procedural rules, briefing requirements, and precedents that will govern your case.
The Georgia Supreme Court exercises exclusive appellate jurisdiction in cases involving the death penalty, meaning these appeals bypass the Court of Appeals entirely and proceed directly to the state's highest court. This direct review process is governed by Georgia's Unified Appeal Procedure, a comprehensive framework that consolidates multiple issues—including claims that might otherwise be raised through separate motions—into a single appellate proceeding. For defendants facing capital sentences, the Unified Appeal Procedure requires careful coordination to ensure all viable claims are preserved and presented within the consolidated timeline.
For non-capital cases, defendants must navigate Georgia's strict 30-day deadline for filing a notice of appeal. This deadline runs from the entry of the judgment of conviction and sentence, and missing it can permanently forfeit direct appellate rights. The Georgia Appellate Practice and Procedure Act establishes the technical requirements for briefing, record preparation, and oral argument that govern proceedings in both appellate courts. Attorneys unfamiliar with these requirements risk procedural dismissal regardless of the merits of underlying claims.
Beyond direct appeals, Georgia law provides additional avenues for relief. An extraordinary motion for new trial under OCGA 5-5-41 allows defendants to raise newly discovered evidence that could not have been presented at the original trial, subject to specific procedural requirements and time limitations. Georgia's habeas corpus procedure, codified under OCGA 9-14, provides a mechanism for challenging convictions based on constitutional violations, including ineffective assistance of counsel, prosecutorial misconduct, and newly available evidence of actual innocence. These collateral proceedings operate under different rules than direct appeals and require attorneys with specific experience navigating Georgia's post-conviction landscape.
How To Choose a Georgia Criminal Appeals Lawyer
Selecting the right appellate attorney requires careful evaluation of experience, expertise, and compatibility with your specific situation. Criminal appeals demand fundamentally different skills than trial work, and the most effective trial lawyers are not necessarily equipped to handle the research-intensive, writing-focused nature of appellate practice. When evaluating potential attorneys, prioritize those who concentrate their practice on criminal appeals and post-conviction matters rather than generalists who occasionally handle appeals.
Begin by examining the attorney's track record in Georgia's appellate courts. Ask how many criminal appeals they have handled in the Georgia Court of Appeals and Georgia Supreme Court, and request examples of successful outcomes in cases similar to yours. An experienced appellate attorney should be able to discuss their familiarity with the specific procedural requirements of each court, including the Unified Appeal Procedure for capital cases and the technical requirements of the Georgia Appellate Practice and Procedure Act. Inquire about their experience with extraordinary motions for new trial and habeas corpus proceedings if your case may require collateral relief.
Evaluate the attorney's approach to case assessment. A credible appellate lawyer will provide an honest evaluation of your case's strengths and weaknesses rather than guaranteeing results or overpromising. They should be able to explain the standard of review that will apply to your claims and how that standard affects your chances of success. Ask about their process for reviewing trial records, identifying preserved issues, and researching novel legal arguments.
Red flags include attorneys who pressure you into immediate decisions, guarantee specific outcomes, or seem unfamiliar with Georgia's appellate procedures and deadlines. Be cautious of lawyers who cannot provide references or examples of prior appellate work, or who quote fees without thoroughly reviewing your case materials. The complexity of appellate work makes it impossible to assess a case's requirements without examining the trial record.
Understanding Prices for Georgia Criminal Appeals
Appellate representation involves substantial investment of time in record review, legal research, brief writing, and oral argument preparation. Fee structures vary among Georgia appellate attorneys, and understanding common billing arrangements helps you evaluate quotes and prepare for discussions about costs.
Many appellate attorneys work on flat-fee arrangements for defined stages of representation, such as the notice of appeal, opening brief, reply brief, and oral argument. This approach provides predictability for clients and reflects the reality that appellate work involves intensive upfront effort with relatively predictable scope. Flat fees for Georgia criminal appeals typically range widely depending on the complexity of the case, the size of the trial record, the number of issues to be briefed, and the attorney's experience level. Capital cases and complex multi-defendant appeals command significantly higher fees due to the expanded record review and heightened stakes.
Some attorneys bill hourly, particularly for post-conviction matters where the scope of investigation and motion practice may be difficult to predict. Hourly rates for experienced Georgia appellate attorneys vary based on reputation, location, and specialization. If considering hourly arrangements, ask for estimates of total hours and request regular billing updates to avoid surprises.
When discussing fees, provide the attorney with complete information about your case, including the nature of the charges, the length of trial, the number of witnesses, and any specific issues you believe warrant appeal. This information enables accurate quotes. Ask what the fee includes and excludes—some attorneys charge separately for filing fees, transcript costs, and travel expenses for oral argument. Inquire about payment plans if the total fee presents financial challenges, as many appellate attorneys accommodate structured payments given the extended timeline of appeals.
About SPCRC Recommendations
The Spolin Post-Conviction Resource Center maintains its recommendations through a commitment to editorial independence and client-centered evaluation. Our listings represent professionals we believe provide competent, ethical representation to individuals navigating post-conviction proceedings in Georgia. These recommendations reflect our assessment based on verifiable criteria rather than financial arrangements.
No attorney or professional pays for placement in our recommendations. We do not accept advertising fees, referral payments, or any other compensation that could compromise the integrity of our guidance. This independence ensures that our recommendations serve the interests of individuals seeking representation rather than the professionals seeking clients.
Our evaluation process considers multiple factors relevant to post-conviction representation in Georgia. We examine professional credentials, including bar admission, disciplinary history, and specialized certifications in criminal appellate practice. We assess experience handling cases in Georgia's appellate courts and familiarity with state-specific procedures such as the Unified Appeal Procedure and OCGA 9-14 habeas proceedings. We consider reputation among peers, judicial recognition, and available information about client outcomes and satisfaction.
We encourage individuals to conduct their own due diligence in addition to considering our recommendations. Verify bar status through the State Bar of Georgia, research disciplinary history, and contact multiple attorneys before making a decision. The attorney-client relationship requires mutual confidence, and the right choice depends on factors specific to your case and circumstances that only you can fully evaluate.