Post Conviction Relief Attorney in Decatur, Georgia
After a person is convicted in Georgia, what post conviction options are available?
After a person is convicted in Georgia, what post conviction options are available?
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00:04
the next step in georgia is to file a
00:06
motion for new trial unlike in federal
00:09
cases this is a critical step in georgia
00:11
because this is where your first chance
00:14
is to raise ineffective assistance of
00:15
trial counsel and in georgia if you
00:18
don’t raise it at the first opportunity
00:19
it’s considered waived so you have a
00:22
motion for new trial which is before the
00:24
same judge that heard the trial
00:26
if you’re raising an effective
00:27
assistance of counsel you try call trial
00:29
counsel as a witness
00:31
if you’re unsuccessful at the motion for
00:32
new trial you then file your direct
00:34
appeal
00:35
murder cases go directly to the georgia
00:37
supreme court
00:39
and cases with constitutional questions
00:41
that were preserved go to the georgia
00:42
supreme court all other cases go to the
00:45
georgia court of appeals
00:47
you brief the case sometimes you have
00:49
oral arguments sometimes the court wants
00:51
to decide on the briefs
00:53
and then you wait for a decision if
00:55
you’re unsuccessful on direct appeal
00:56
your next step would be to file a state
00:58
habeas
00:59
in georgia you have four years to file a
01:02
state habeas from the time your
01:03
conviction became final after review by
01:05
the
01:06
appellate courts
01:07
but if you want to save federal time you
01:09
actually have to file your georgia state
01:11
habeas in less than a year
01:14
after that if you’re unsuccessful
01:16
on your habeas and you’ve saved time for
01:18
federal habits you can pursue that it’s
01:20
called it falls under section 28 usc
01:23
2254.
01:25
after that if you’re unsuccessful in the
01:26
federal habeas you’re into the
01:28
extraordinary uh
01:30
remedies uh things like an extraordinary
01:32
motion for new trial or successive
01:35
habeas both of those require new things
01:37
that you couldn’t have found or raised
01:39
before
01:40
and they are very rarely granted aside
01:43
from that we also can help people when
01:45
they
01:46
pursue parole people become eligible
01:49
in georgia for most defenses after
01:51
they’ve served one third of their
01:53
sentence although there are a few
01:54
offenses that are not parole eligible
01:57
and if you receive a life sentence in
01:58
georgia you’re not eligible for parole
02:00
for 30 years
02:02
there are also many
02:04
district attorney’s offices are starting
02:06
to form what’s called conviction
02:07
integrity units that look at the
02:10
integrity of some past convictions
02:12
and
02:13
whether the sentence was appropriate
02:15
they’re still rather rare around the
02:17
state but they are expanding and so we
02:20
do help people navigate that process as
02:22
well
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Atlanta, GA criminal defense attorney Leigh S. Schrope talks about the post conviction options available in Georgia.
