What Is an Appeal?

What a Criminal Appeal Is (and Isn’t)

A criminal appeal is fundamentally a review process. Its purpose is to determine whether the trial court applied the law correctly, whether legal procedures were followed, and whether any errors were so significant that they affected the verdict or sentence. Importantly, an appeal does not mean starting over. The jury’s verdict or the trial judge’s findings are generally presumed correct unless clear legal errors can be demonstrated.

Many defendants mistakenly believe an appeal provides a second chance to relitigate the evidence presented at trial. In reality, appeals focus on legal arguments, not factual disputes. The appellate court reviews the trial record: the transcripts, motions, evidence admitted at trial, and jury instructions. The court then decides if any mistakes occurred that warrant reversing or modifying the conviction.

Common Types of Errors Appealed in Georgia

In Georgia, criminal appeals typically target specific errors, such as:

• Procedural Errors: Mistakes in how the trial was conducted, for example, in selecting or impaneling a jury, critical defects in the indictment, or a defendant’s exclusion from proceedings.
• Jury Instruction Errors: The trial judge provides the jury with legal guidance. Instructions that are incorrect or misleading can form the basis of an appeal.
• Evidence Mismanagement: If the trial court improperly admitted or excluded key evidence, it may have affected the jury’s ability to reach a fair verdict.
• Sentencing Errors: Even after a conviction, erroneous recidivist sentencing or unlawful probation conditions and sentences can be appealed.
• Ineffective Assistance of Counsel: If a defense attorney’s performance falls below professional standards and prejudices the defendant’s case, this can also form the basis for an appeal.

Each of these errors must be carefully identified, documented, and explained to the appellate court, showing not just that an error occurred but that it likely impacted the trial’s outcome.

How Criminal Appeals Work in Georgia

Georgia’s appellate process is structured and time-sensitive. The first step in most criminal appeals is filing a motion for new trial . In Georgia, defendants generally have 30 days from the entry of the judgment or sentence to move for a new trial in the same court in which they were tried and sentenced. Missing this deadline can result in forfeiting the right to appeal entirely.

A motion for new trial is usually the only opportunity in a direct appeal to present testimony and other evidence. That opportunity is critical to support a persuasive legal argument that mistakes were made during a defendant’s trial, which can only be remedied by a new trial or dismissal of the indictment. If the motion for new trial is unsuccessful, defendants may file a notice of appeal within 30 days of the denial, informing the trial court that they are seeking appellate review by the Court of Appeals or Supreme Court of Georgia.

Once the notice is filed, the trial court prepares the record on appeal, which includes all documents, transcripts, and evidence relevant to the case. The appellate attorneys then submit a brief, a written argument that details the legal errors, cites relevant statutes and case law, and explains why the conviction or sentence should be overturned or modified.

After reviewing the briefs and the record, the appellate court may:

• Affirm the trial court’s decision
• Reverse the conviction or sentence
• Remand the case for a new trial or resentencing
• Modify the sentence without ordering a new trial

In Georgia, appeals from trial courts generally go to the Georgia Court of Appeals. For certain serious offenses, including murder, appeals go directly to the Georgia Supreme Court.

The Role of a Criminal Appeals Attorney

An experienced criminal appeals attorney plays a critical role in this process. Unlike trial attorneys, appellate attorneys focus exclusively on legal arguments, precedent, and procedure. They review the entire trial record with a fine-toothed comb, looking for any missteps that could have affected the outcome.

Crafting an appellate brief is both an art and a science. Attorneys must:

• Clearly identify specific errors
• Demonstrate how these errors impacted the verdict or sentence
• Cite Georgia statutes, appellate decisions, and constitutional provisions
• Anticipate counterarguments from the state

Skilled appellate lawyers also know which arguments are worth pursuing and which are unlikely to succeed. Because appellate courts generally defer to trial courts on factual matters, focusing on purely legal errors increases the chance of a successful outcome.

Common Misconceptions About Appeals

Many defendants believe that filing an appeal automatically suspends their sentence or allows them to walk free. Such immediate relief is rarely the case in Georgia. Unless a stay of sentence is granted, the defendant must continue serving the sentence while the appeal is pending.

Another common misconception is that defendants can present new evidence during their direct appeal. While a defendant can present evidence at a motion for new trial, appellate courts are courts of review and consider only the evidence that was considered by the trial court.

Post-Appeal Options

Even after a Georgia appellate court renders its decision, defendants may have further options. If the appeal is unsuccessful, they may file a petition for writ of certiorari to the Georgia Supreme Court or seek habeas corpus relief if their state or federal constitutional rights were violated.

Additionally, in limited circumstances, defendants may seek post-conviction relief motions for a new trial, based on extraordinary grounds.

Why Timing Matters

In Georgia, appeals are governed by strict deadlines. Missing these deadlines, even by a few days, can permanently forfeit the right to challenge a conviction or sentence. That’s why it’s essential to consult an experienced criminal appeals attorney as soon as possible after a conviction.

How Defendants Can Protect Their Rights

Defendants should:

• Keep all documents related to their trial
• Avoid discussing the case publicly or on social media
• Seek skilled appellate counsel immediately
• Follow all court orders, including filing deadlines and procedural rules

Properly navigating the appellate process requires both legal expertise and a strategic approach. Even minor procedural missteps can undermine a potentially successful appeal. The only way to guarantee that your appeal is being handled correctly is to enlist the services of a legal team with deep experience with appeals and post-conviction relief.

Hogue Griffin: Your Criminal Appeal Experts

If you or a loved one is considering an appeal in Georgia, you need a law firm that understands the complexity of appellate law and has the skill to navigate it effectively. At Hogue Griffin, we bring decades of combined experience handling criminal appeals in Georgia’s appellate courts. We know how to identify errors, build persuasive arguments, and fight to protect your rights when it matters most.