Michael Kennedy McIntyre is an attorney at McIntyre & Associates. At the Georgia-based McIntyre & Associates, Michael Kennedy McIntyre has been practicing in the field of post-conviction representation since 1985.
In Georgia, post-conviction relief can take several forms. Below are three post-conviction remedies to consider in Georgia: 1. New Trial Following a criminal conviction, filing a motion for a new trial is the first step to obtaining post-conviction relief. The motion is made under the provisions of OCGA 5-5-40, which requires the trial court to hold a hearing for a new trial. 2. Direct Appeal In Georgia, a conviction can be appealed directly to the Court of Appeals. It’s your attorney's responsibility to file written briefs and even present oral arguments to show how negligence or errors denied you due process or resulted in an unfair verdict. 3. Habeas Corpus If your appeal was unsuccessful, you could seek a review of your conviction through a writ of habeas corpus. This is a civil lawsuit challenging your incarceration or sentence on constitutional grounds.
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