Georgia Court of Appeals
Understanding the Georgia Court of Appeals process
A Comprehensive Guide to the Georgia Court of Appeals
The Georgia Court of Appeals reviews many civil and criminal appeals from trial courts across the state, but it does not hold new trials or hear new evidence.
This guide explains what the court does, how the appeals process works, and what to expect when a case moves from a trial court to Georgia’s intermediate appellate court.
What Is the Georgia Court of Appeals?
Suppose you or your loved one has been convicted of a criminal offense in a Georgia trial court. In that case, you may appeal the decision at the Georgia Court of Appeals, allowing you to avoid the consequences and penalties associated with criminal convictions.
The court’s judges hear cases in panels of three across five divisions.
Their primary role is to hear civil or criminal appeals from trial courts in the state. The Georgia Court of Appeals handles most civil and criminal appeals, including land, equity, divorce, and certain serious criminal cases, except those involving the death penalty, which are reserved for the Georgia Supreme Court.
The Court of Appeals does not conduct new trials. It will only review the record from the lower court and hear oral arguments from the parties if issues of law are involved. Nevertheless, it is still an opportunity to challenge an unfavorable decision or for convicted persons to regain their freedom or at least get off on easier terms.
Types of Appeals Heard at the Court
There are several types of appeals in legal cases heard at the Georgia Court of Appeals. They include the following:
- Direct Appeals: By the Georgia Code, direct appeals to the Court of Appeals are primarily used to challenge the final decisions of the lower court. Here, you can ask the appellate court to review your case if you feel that the lower court made a substantial error that led to your unfavorable decision.
- Interlocutory Appeals: Interlocutory appeals are used to challenge orders issued by the trial court before the case is concluded.
- Discretionary Appeals: A discretionary appeal (Georgia Code Section 5-6-35) can only proceed with the permission of the appeal court. In those instances, the appellant is required to submit a petition to convince the court that their appeal is worth hearing. Such petitions should be filed at the Court of Appeals within 30 days of the unfavorable decision.
At the end of the appeal process, the court might affirm, reverse, or remand the lower court’s decision to the trial court for further proceedings.
Standards of Review in Georgia Appeals
When the Georgia Court of Appeals reviews a case, it applies different standards of review depending on the type of issue raised. These standards determine how much deference appellate judges give to the trial court’s decision.
Abuse of Discretion
This standard applies when reviewing trial court decisions made at the judge’s discretion, such as rulings on evidence or sentencing within statutory limits. The appellate court will not overturn these decisions unless the judge acted arbitrarily, capriciously, or outside the bounds of reason.
Clearly Erroneous Standard
Here, the appellate court gives great deference to the trial judge and will overturn findings only if there is no reasonable evidence to support them.
De Novo Review
For legal questions, such as statutory interpretation or constitutional issues, the appellate court conducts a de novo review. This means the judges examine the matter independently, without deferring to the trial court’s interpretation. Because the appellate court approaches these questions afresh, de novo review offers the broadest opportunity to reverse a lower court’s ruling.
Initiating and Navigating an Appeal
Filing an appeal in Georgia follows strict procedures and deadlines. Missing a step can result in losing the right to appeal, so it is essential to understand the process:
- Filing a Notice of Appeal – The process begins by filing a notice of appeal in the trial court that issued the judgment. This has to be done within 30 days of the decision.
- Transmitting the Trial Record – The trial court clerk prepares the record, including transcripts and filings, and sends it to the Court of Appeals. This record forms the basis of the review.
- Briefing the Case – Both sides submit written briefs. The appellant’s brief outlines alleged errors made by the trial court, while the appellee’s brief defends the lower court’s ruling.
- Oral Arguments (if scheduled) – In some cases, the Court of Appeals grants oral arguments. Attorneys present their positions and respond to the judges’ questions.
- Awaiting the Decision – The panel of judges deliberates and issues a written opinion, which may affirm, reverse, or remand the case to the trial court for further proceedings.
Success depends on presenting compelling legal arguments and following the rules precisely. Having an experienced appellate attorney ensures deadlines are met and arguments are framed effectively.
Accessing the Court’s Docket
The court’s docket is public, and you can find information on cases decided since January 2003 on its online platform. You’ll need any of the following information to complete your search:
- The docket/case number
- The trial court case number
- Part of or the entire case title
If you need the entire record of an already decided appeal, you can call the clerk’s office to confirm its availability and schedule a date to view it.
How Cases Are Scheduled at the Appeals Court in Georgia
Cases at the Court of Appeals are scheduled in accordance with statutory requirements. The Georgia Court of Appeals sits for three terms annually.
- December Term: Starts first Monday in Dec; ends March 31.
- April Term: Starts first Monday in April; ends July 17.
- August Term: Starts first Monday in August; ends November 18.
Once a case is scheduled to be heard in a specific term, the Georgia Constitution requires the court to conclude the case and give a decision before the end of the next term. Cases are scheduled so that the court can comply with this rule.
Contact Experienced Georgia Appeals Lawyers Today
An appeal offers you a second chance to have your case reviewed by a higher court and could change the outcome of your case for the better.
If you’ve decided to explore this option or are unsure of your choices, you could start by speaking with a court of appeals lawyer at Strickland Webster LLC. We’re ready to apply our wealth of experience in criminal appeals and post-conviction relief for your benefit.
Contact us today to assess your case and determine the next course of action.
