Criminal Appeals

Our criminal defense lawyers have won appeals and reversed convictions in the Georgia Court of Appeals, the Supreme Court of Georgia, and the Supreme Court of the United States. We have earned a reputation as successful appellate lawyers through our dedication to detail and our ability to creatively find legal errors that other lawyers may miss. Through our extensive research, meticulous preparation and zealous advocacy in criminal appeals, our attorneys have saved our clients hundreds of year of prison time.

Direct Appeals

Every defendant convicted and sentenced in a federal or Georgia state court is entitled to a direct appeal of that conviction and sentence. In Georgia, the direct appeal of a criminal case goes to either the Georgia Court of Appeals or the Supreme Court of Georgia, depending on the offense of conviction. (For example, murder cases are appealed directly to the Supreme Court while most other felonies are first heard by the Court of Appeals.)

In federal court, a person may appeal both his conviction and sentence in the district court to the appropriate the court of appeal for that district. In Georgia, federal direct appeals are heard by the Eleventh Circuit Court of Appeals in Atlanta. A person who has been convicted at a federal trial may appeal both his conviction and sentence. A person who has pleaded guilty in federal court would also have the right to appeal the sentence imposed after the plea, but many defendants waive that right as part of a negotiated plea.

If a federal or state direct appeal is denied by the court of appeals, a person may petition the state or federal supreme court or to hear the case on certiorari, a type of discretionary appeal reserved for cases that present significant legal issues

Habeas Corpus

In Georgia, a person convicted of a crime (or held in custody against his will for any reason) may file a petition for habeas corpus relief. Habeas petitions for felony cases generally must be brought within four years after the conviction becomes final. Habeas petitions may allege a number of different types of legal error, but usually focus on constitutional challenges to the conviction. Ineffective assistance of counsel is a common habeas complaint and our lawyers routinely raise this issue in habeas petitions. In fact, we recently won a case and reversed an 80-year sentence by arguing that our clients' prior lawyer was ineffective in his representation of the client at trial.

Federal habeas petitions are generally brought under 28 U.S.C. §2255. Like state habeas petitions, federal petitions generally allege constitutional problems with the conviction and/or sentence. A person convicted in a state court may also raise a petition under 28 U.S.C. §2254 in certain circumstances and after exhausting all state appeals.

Our Attorneys

For over twenty years, our lawyers have successfully represented clients in criminal appeals in both federal and state court. For more information about our criminal appellate practice, you are invited to call us and make an appointment to talk to Page Pate personally and in complete confidence. We never charge for the initial consultation.