What are the Three Types of Appeals in Carrollton, Georgia?

A trial is not necessarily the end of any criminal case or family law dispute. A person might have the right to appeal. In Georgia, there are three types of appeal. Work with an experienced law firm like Moffitt Law, LLC if you are unhappy with a decision at the trial court and want to appeal to a higher court. Our Carrollton criminal defense lawyer can help with an appeal. Below, we look at the type of appeals recognized by Georgia law.

First, What is An Appellate Court?

The judiciary in Georgia has different levels:

• Trial courts. These courts handle civil and criminal trials. They also decide many issues during litigation, including disputes over what evidence each side must share. At the end of a trial, the court enters judgment for one of the parties.
• Georgia Court of Appeals. This is the intermediate court, sitting above the trial courts. The Georgia appeals court has 15 judges in five divisions. A person unhappy with the trial court’s decision or judgment might appeal to the appellate court.
• Georgia Supreme Court. This is the highest court in the state of Georgia. The court establishes uniform law throughout the state, and its decisions on Georgia law are binding on lower courts.

Georgia also has federal courts. Some cases might be heard in federal district court, such as prosecutions for federal crimes and certain civil lawsuits if the defendant lives outside Georgia.

What Are the Three Types of Appeal?

1. Direct Appeals

Direct appeals are probably the most common type of appeal. The appeal is called “direct” because the law gives the party a right to bring the appeal.

Direct appeals are common in criminal cases. The defendant who is convicted has a right to bring an appeal to the Georgia appeals court, pointing out errors made in the trial. The defendant might claim that the trial court let in inappropriate evidence or that the verdict is not supported by the evidence.

A direct appeal is brought after the court issues a final judgment, such as a judgment of conviction for a crime. The party seeking appeal files a Notice of Appeal with the trial court. There are timing requirements. Under Georgia Code § 5-6-38, you typically need to file the appeal within 30 days of the final judgment.

2. Discretionary Appeals

With a discretionary appeal, the higher court must first grant permission before it reviews the lower court’s judgment. As a result, you do not have an automatic right to bring a discretionary appeal. Instead, the appellate court first reviews whether the issue is important enough for it to review.

Georgia Code § 5-6-35 provides a list of cases where an appeal is discretionary. Some include:

• Certain civil cases where less than $10,000 is in dispute
• Decisions from administrative bodies
• Domestic relations cases

If you are seeking an appeal, you must file an Application for Discretionary Appeal within 30 days of the court’s order or judgment. The appellate court will review the application.

Should the court deny the appeal, then your case is likely over. Consult an experienced lawyer at Moffitt Law to discuss legal options.

3. Interlocutory Appeals

This type of appeal is filed before the case is finished. The person filing the appeal asks the court to review a non-final order.

For example, a judge in a criminal trial might not grant the defendant immunity from prosecution. The defendant seeks interlocutory review before the case moves forward. Another reason for seeking an interlocutory appeal is to ask the court to review a trial court’s order to turn over privileged (confidential) materials.

To seek an interlocutory appeal, you must obtain permission from both the trial court and the appellate court. Review is discretionary; the appellate court might not agree to hear the issue on an expedited basis.

Having the appellate court turn down review does not mean your argument lacks merit. Instead, the court might wait to consider the issue after your case concludes in the lower court. If you win on appeal, the court might require a new trial.

Moffitt Law Can Help with a Georgia Appeal

Appeals are complicated, and not every lawyer is prepared to bring them on behalf of clients. Call our law firm to discuss your legal issue. We can represent a criminal defendant on appeal even if we did not handle your criminal trial. In fact, many people benefit from a fresh set of eyes. Moffitt Law, LLC can meet to discuss your case in the 30117 zip code or the surrounding areas.  Contact us today!