If a trial has been lost and you or your loved one was convicted, you need a proven appellate lawyer to appeal the conviction. Lynn Kleinrock is a respected, thorough, and successful criminal appellate attorney. She has won many post-conviction cases before the Georgia Supreme Court, the Georgia Court of Appeals, and Georgia Superior Courts. If you have been convicted in a Georgia court, you have the right to a direct appeal to either the Georgia Court of Appeals or the Georgia Supreme Court, depending on your charges. A successful appeal, or reversal, due to insufficient evidence requires a dismissal of the charge. Other reversals on appeal will send the case back to the trial court, which can result in a new trial, a modification of sentence, a better plea deal, or sometimes a dismissal.
You want an experienced, successful appellate attorney handling your appeal. Lynn Kleinrock is the attorney you want.
Stages of the Appeal:
Motion for New Trial
The first step of a direct appeal is usually a motion for new trial. The motion for new trial is typically heard by the trial judge. Before the hearing, the appellate lawyer will review the transcript of the trial, carefully looking for any errors that can be the basis for post-conviction relief.
If the trial judge does not grant a new trial, the next step is to file a notice of appeal. For most criminal convictions, the direct appeal will be to the Georgia Court of Appeals. However, if the conviction is for murder or the appeal involves a constitutional challenge to a statute, the initial appeal will go directly to the Georgia Supreme Court. 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.
Even if your initial appeal is unsuccessful, you may 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 a direct appeal. In federal court, the opposite is true: you are generally limited to issues that the state courts have already considered.