Georgia Court of Appeals
Why the Upcoming Amendment to the Georgia Court of Appeals Rules is a Good Idea
Beginning on August 1, a single dissent in a three-judge Court of Appeals case will no longer remove its value as precedent for future cases, nor will one judge’s disagreement with the reasoning of the case. Here is the text of new Court of Appeals rule 33.2: If an appeal is decided by a division…
Read MoreIt’s a Gray Day in Georgia for Motions to Modify Sentence
There is an important new case that changes the law concerning motions to modify sentence in Georgia. In Gray v. State, a case published on August 26, 2019, the Court of Appeals held that trial courts lose jurisdiction, under O.C.G.A. Section 17-10-1(f), to modify criminal sentences following either 120 days after the remittitur where there…
Read MoreA Few Thoughts on Motions for Reconsideration
This week, I became involved in an appeal much later than I typically do. The Court of Appeals had already made its decision, and I drafted a motion for reconsideration for my new co-counsel. Typically, when I draft a motion for reconsiderayion, I am getting my ducks in a row for a petition for certiorari…
Read MoreRickman Offers Insight into How Young Appellate Judges Read Briefs and Motions
Today, I cut a weekend beach trip short to come to Macon to attend a one-day meeting and seminar for a group of Georgia DUI lawyers. My family returned home later, but I traveled up I–16 to a farm in Macon. Instead of the typical hotel ballroom environment, we met at a farm cabin on some…
Read MoreThe Judge as 13th Juror: Thoughts on the Fayette Rape Controversy
Last week, a motion for new trial made news when Hon. Christopher J. McFadden granted a new trial after finding that the verdict was “strongly against the weight of the evidence.” The State’s reaction was three-fold. First, it appealed the decision. Secondly, the State made comments in the press. Third, the State moved to recuse…
Read MoreCt. of Appeals Judge Carla McMillian’s Ten Tips on Practice
Judge Carla McMillian’s campaign for re-election is in full swing. The Augusta press ran a full interview last month. And Judge McMillian took some time out to speak to the Appellate Practice Section’s monthly luncheon, where she reflected on a year on the Court and shared her top ten lessons and tips from her time as…
Read MoreNew Field Sobriety/Miranda Case Important at Several Levels
The Court of Appeals, with a panel made up of Judges Dillard, Ellington, and Phipps, has reversed an order granting a motion to suppress from the State Court of Fayette County. I write about this case because it further develops the law in the area of Miranda and field sobriety testing and because it illustrates…
Read MoreHow to Defeat the State’s New Pre-trial Appellate Rights
HB 349 has been the subject of much discussion for its sentencing innovations. However, nestled within it are some significant changes to the appellate code. This post will familiarize you with the appellate provisions of HB 349 and provide some tips to get around them. Pre-HB 349 Under the soon to be old law, any…
Read MoreNew Procedure at the Court of Appeals
Today, I had my first oral argument at the Court of Appeal in perhaps two years. Argument is granted more frequently in civil cases than criminal ones at the Georgia Court of Appeals. So, most of my arguing is at the Supreme Court down the hall. The presiding judge began most of the cases with…
Read MoreCongratulations Justice Blackwell
Governor Deal has announced that Judge Keith Blackwell will be the Supreme Court’s newest Justice. He will fill the vacancy created by Chief Justice Carley’s retirement. I have gotten to know Judge Blackwell through my work on the Appellate Practice Section. He will be a great addition to the Georgia Supreme Court.
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