Law Office of
Lynn M. Kleinrock
3754 LaVista Road Suite 250
Tucker, GA 30084
(404) 378-4840
If a trial has been lost and you or your loved one is convicted, you need a proven appellate lawyer to appeal the conviction.  Lynn Kleinrock is an excellent technical lawyer and is skilled at spotting issues while reviewing the trial transcript.  She has, for example, received the Georgia Association of Criminal Defense Lawyers “Case of the Year” award, for overturning a rule that permitted the use of a particular kind of hearsay testimony at trial.
In that case, the government had used a police report, rather than a witness, to establish that Ms. Kleinrock's client had a prior cocaine possession conviction.  Ms. Kleinrock appealed, but the Georgia Court of Appeals affirmed.  But Ms. Kleinrock took the case to the Georgia Supreme Court, and convinced them to overrule decisions dating back to the 1960's that had allowed such hearsay.  And the Georgia Supreme Court reversed both the Georgia Court of Appeals and the trial court.  Most importantly, it reversed her client's conviction.  After this reversal on appeal, the prosecutor dismissed all charges against Ms. Kleinrock's client.
Motion for New Trial
A Motion for New Trial must be filed within a short time after sentencing.  The appellate lawyer will review the transcript of the trial, carefully looking for any errors that can be the basis for convincing the trial judge to grant a new trial or an appellate court to overturn the conviction.
Direct Appeal
If the trial judge does not grant a new trial, the next step is to file a Notice of Appeal.  The appellate lawyer will craft a brief to convince the appellate court that the errors that occurred at the trial require a reversal of the client’s conviction.  Not all error that happens in a trial results in a reversal.  Many times, the appellate courts find that the error was “harmless,” that the evidence presented at trial was “overwhelming,” and that the conviction will stand.  Some appeals challenge the current state of the law and ask the appellate courts to reverse their prior interpretations of statutes and case law.
For most criminal convictions, the initial appeal will be to the Georgia Court of Appeals.  If the conviction is for murder or the appeal involves a constitutional challenge, the intial appeal will go directly to the Georgia Supreme Court.
Habeas Corpus
Even if your initial appeal is unsuccessful, you still have another chance to challenge your criminal conviction.  A writ of habeas corpus raises constitutional challenges to your conviction.  You can file a habeas corpus challenge in state court or federal court.  In state court, you are limited to new issues that have not already been litigated in an initial appeal.  In federal court, the opposite is true: you are generally limited to issues that the state courts have already considered.
Habeas corpus appeals have very technical procedural rules.  You should retain an experienced appellate lawyer to help you avoid a mistake that could prevent your appeal.
Lynn Kleinrock is a criminal trial lawyer and criminal appeals lawyer who represents clients in Atlanta, Decatur, Jonesboro, Lawrenceville, and Marietta, and throughout Clayton County, Cobb County, DeKalb County, Fulton County, Gwinnett County, and the entire Metro Atlanta area.
Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor does it create a lawyer or attorney-client relationship.  Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.  Please contact my office at (404) 378-4840 for a consultation on your particular matter.