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What can I do if my attorney failed to file a motion to withdraw my guilty plea after being sentenced in 2019?
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Answered on April 16, 2021
Georgia gives you two, related options here.
Assuming you pleaded guilty to a felony, you’d still be in time to challenge your sentence via...
Can a Defendant file a writ of habeas corpus in Federal Court when you are NOT imprisoned but wish to challenge a sentence?
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Answered on March 29, 2021
The answer is a qualified yes. A 28 USC § 2254 (federal habeas) petition will lie to cure restraints on liberty for one who is in custody. But in...
Should I move forward with the appeal after plaintiff withdrew their Motion to Dismiss my Appeal?
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Answered on March 28, 2021
Did the plaintiff move to dismiss in the superior court or the appellate court, and what was the basis? There are certain bases on which a superior...
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Archived
Is there any deadline for filing amendment for a appeal case in GA?
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Answered on March 22, 2021
I'm not clear what the posture of your case is: You say it went from small-claims court to the Supreme Court. That's highly unusual, especially...
Archived
Dumb question. Are writs of certiorari filed in the Municipal Court? Or, are writs filed in the court that committed errors?
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Answered on March 18, 2021
It's not a dumb question. Appellate practice among Georgia's inferior courts is tough to navigate. And contrary to the preceding comment, a...
How long do you have to file for post-conviction relief?
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Answered on March 18, 2021
Georgia law permits you to apply for habeas corpus relief within four years of a felony conviction having become final. A conviction becomes final...
Archived
I have an idea.. But want second opinions. What do I do if I want to appeal but a court reporter has been missing?
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Answered on March 08, 2021
As the appellant, you have the responsibility to ensure that the record is complete. I assume that you designated the inclusion of the missing...
Archived
What can I do to clear my name of crimes that I did not do?
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Answered on February 08, 2021
The normal routes to challenge a conviction are a direct appeal (which must be filed within 30 days of the judgment) or an application for a writ...
Can defense attorney get body cam footage if it's the only way to prove I'm innocent of the charges I'm being accused of?
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Answered on February 08, 2021
In short, yes. Your lawyer may request and receive the officer's bodycam video in the usual pretrial discovery process. Or your public defender can...
What can I do if I won a habeas and it was not honored?
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Answered on February 08, 2021
Mr. Pines is correct. There may be remedies for your situation, even now. But you need a lawyer familiar with Georgia habeas corpus proceedings to...