Georgia Court of Appeals
Overview of the Georgia Court of Appeals
As the intermediate appellate court in Georgia, the Court of Appeals is responsible for reviewing appeals arising from the state’s courts.
The Georgia Court of Appeals was established in 1906 as an intermediate appeals court to relieve the Supreme Court of its overwhelmingly heavy workload. Later, the state legislature approved a constitutional amendment to limit the Supreme Court’s subject matter jurisdiction and widen that of the Court of Appeals. The law also established an additional division with three judges to handle criminal law appeals while the other handled civil law appeals.
To find out how to appeal a case, hire a criminal defense lawyer.
Jurisdiction of the Court of Appeals of Georgia
All cases, except those involving constitutional questions, murder, and habeas corpus cases, fall under the Court of Appeals’ statewide appellate jurisdiction. The decisions made by the Court of Appeals are binding on all courts in Georgia (apart from the Supreme Court). In certain cases, the Court of Appeals may certify legal questions to the Supreme Court.
What Does the Georgia Court of Appeals Do?
All cases not covered by the Georgia Supreme Court’s appellate exclusive jurisdiction are heard by Georgia’s Court of Appeals.
Appeals can be brought to the Court directly by attorneys or by applying for discretionary appeal, after which the intermediate appellate court will decide whether to hear your appeal. The court will only grant an application for discretionary review if:
There’s a need for further development of the case, e.g., in divorces
There’s a need to establish precedent
There’s a conspicuous reversible error
Note that your Athens criminal defense lawyer can appeal specific rulings made by the trial court even before your Georgia appeals case is over. However, you need the approval of the trial court judge to file your particular appeal, and the Georgia Court of Appeals must agree to hear the case before you can proceed.
Basic Information About the Court
Location of the Georgia Court of Appeals
The address of the Georgia Court of Appeals is located at the following address:
Supreme Court of Georgia
Nathan Deal Judicial Center
330 Capitol Avenue, S.E.
2nd Floor, Suite 1601
Atlanta, Georgia 30334
When visiting the courtroom or Clerk’s office, be sure to carry a photo identification card.
Phone and Contact Details
To contact the Georgia Court of Appeal, call (404) 656-3450.
Hours of Operation
The Court is open from Monday to Friday from 8:30 AM to 4:30 PM and is closed on Saturdays and Sundays.
Case files are maintained and filed by the Clerk of the Court of Appeals. Email inquiries are not accepted or responded to by the Clerk’s Office. For information about pending cases, you can call the number provided or have an experienced Georgia lawyer call on your behalf.
What Are the Two Types of Appellate Courts in Georgia?
The Court of Appeals and the Supreme Court are the two types of appellate courts in Georgia.
The Supreme Court is the highest court. Its work is to review rulings made by other courts in criminal and civil cases, and it has exclusive jurisdiction on:
Petitions from rulings of the intermediate appellate Court of Appeals
All criminal cases linked to a death sentence
Cases revolving around the constitutionality of state statutes
Many criminal and civil cases are presented for review by the Georgia Court of Appeals following trial. The review is intended to correct any legal errors made during the trial, not to change the outcome or jury verdict.
What Are the Common Processes of This Court?
The Georgia Court of Appeals reviews the final rulings made by the state courts (limited jurisdiction trying certain civil actions and misdemeanors, but not felonies) or superior courts (trial courts with general jurisdiction).
In civil petitions, the Court considers all the appeals from the state and superior courts, including all cases involving divorce and alimony, wills, and land titles. The Court also arbitrates over cases involving extreme remedies and appeals in equity petitions. If you are appealing an election contest or case involving habeas corpus, you’ll need to do so with the Supreme Court.
Most appeals heard by the Court of Appeals are requests of right. The party appealing the case has a constitutional right to appeal. There are a few instances of discretionary appeals, such as appeals of interlocutory orders and appeals in civil cases brought by prisoners, which the Court of Appeals generally grants based on predetermined factors.
What Is the Court Docket or Typical Schedule?
A docket is a file of multiple cases set at the same time. Some dockets could contain a variety of cases with different issues. The docket system of the Court of Appeals of Georgia has details about cases filed at the Court, both decided and pending.
How Successful Are Appeals in Georgia?
The chances of successfully appealing an official court ruling in Georgia depend entirely on your specific situation. Generally, however, statistics indicate an overall success rate of about 7 to 20 percent.
Adam Levin Law Can Help You With Your Appeal
Are you fearful of an unsuccessful appeal? The first and most crucial step you need to take is to contact a reputable Athens criminal lawyer. At Adam Levin Law, we’ll go the extra mile to ensure your rights are protected and any erroneous judgment is reversed. Get in touch with us today!