Legal Video Library

Appeals Defined Under Georgia Law

• An appeal is a formal request for a higher court to review a lower court’s conviction for legal or procedural errors.

• It is not a retrial, no new evidence is introduced. The appellate court reviews transcripts and motions from the original trial.

• The goal is to identify mistakes in how the law was applied or whether the defendant’s constitutional rights were violated.

• Appeals are reviewed by the Georgia Court of Appeals or the Georgia Supreme Court, depending on the case type.

Distinguishing Appeals from Other Post-Conviction Remedies

• A motion for new trial asks the same trial court to reconsider due to new evidence or major trial errors.

• An appeal goes to a higher court to review whether the law was correctly applied.

• A habeas corpus petition challenges the legality of imprisonment after conviction and appeals are exhausted.

How Appeals Are Decided

• A notice of appeal must be filed within 30 days after sentencing.

• The appellate court reviews the record of the trial, including all motions, rulings, and jury instructions.

• Both sides submit written briefs outlining legal arguments.

• The court may:

  • Affirm the conviction,

  • Reverse the ruling, or

  • Remand for a new trial or resentencing if errors are found.

Common Grounds for Appeal

• Ineffective assistance of counsel, failure to provide competent representation.

• Improper jury instructions, legal errors that misled the jury.

• Evidentiary errors, key evidence wrongly admitted or excluded.

• Constitutional violations, unlawful search, coerced confession, or prosecutorial misconduct.

Why the Appeals Process Matters

• Appeals safeguard the fairness of the justice system.

• A successful appeal can reverse a conviction, reduce sentencing, or grant a new trial.

• Missing the 30-day filing window can permanently forfeit appeal rights.

• Skilled appellate attorneys identify technical legal errors that can make or break a case outcome.