What is the process for appealing a conviction under Georgia criminal defense law?
An appeal asks a higher court to review what happened in the trial court for legal error. It doesn’t retry the case or hear new witnesses, and the evidence is viewed in favor of the verdict.
Steps.
- Preserve. Objections at trial, under O.C.G.A. § 24-1-103. An unobjected issue may get only plain error review.
- New trial motion. Optional for many issues, and needed for others, such as ineffective assistance and the weight of the evidence. New counsel should raise ineffectiveness here.
- Notice. Filed within 30 days, § 5-6-38.
- Record. Transcript and exhibits, § 5-6-41. Costs may be covered for indigent people.
- Docketing. The clerk sends it up. Under § 5-6-48, serious delays can lead to dismissal.
- Briefs. Enumerations of error come with the appellant’s brief. Time limits come from the court’s rules.
- Argument. Oral argument, if allowed.
- Decision. Affirm, reverse, or remand. The court may publish an opinion.
- Further review. Certiorari to the Georgia Supreme Court; then the U.S. Supreme Court.
Standards.
| Issue | Standard |
|---|---|
| Sufficiency | Jackson v. Virginia (1979) |
| Law | De novo |
| Evidence ruling | Abuse of discretion |
| Facts at a hearing | Clearly erroneous |
| Harmless error | Highly probable it didn't contribute |
Bond. Bond pending appeal is under § 17-6-1(g). Some convictions aren’t eligible, and for other felonies it’s in the convicting court’s discretion.
Counsel. A person has a right to appointed counsel for the first appeal. The public defender’s appellate division can handle it.
After losing. Habeas under § 9-14-42 covers constitutional issues.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.