Summary
To file a habeas corpus petition in Georgia, you need a written petition stating the facts of confinement, legal reasons for its unlawfulness, certified copies of judgments, and a $10 filing fee. As you represent your detained husband, its crucial to engage a lawyer and file the petition in the county of detention. If a motion for a new trial is denied, consider filing an appeal. Your attorney can file a motion to amend the sentencing order if there are discrepancies. The appeal process involves filing a Notice of Appeal, preparing an appellate brief, and possibly an oral argument. Consult your lawyer for a tailored approach.Full Conversation
I am representing My Husband who is detained
Thank you for your response. As you're representing your husband, it's vital you engage a lawyer for the habeas corpus process. Also, the petition should be filed in the county where your husband is detained. Would you like information on finding a lawyer in Georgia?
on May *, *. The trial judge denied motion for a new trial for My Husband.
I understand your situation. If your husband's motion for a new trial was denied, you may consider filing an appeal. This process varies and can be complex, so it's vital to consult with a legal professional. Would you like information on appeals in Georgia?
According to our attorney, he states that the court needs to amend the sentencing order. He should not have been sentenced on certain counts however, the court is noting a change to provision on the murder charge the stay at or ask for him to be sentenced * seven but the court is now siding * * which means life without parole and indictment was not specific as to the section
Your attorney can file a motion to amend the sentencing order. However, this is a complex matter. It's crucial to have a detailed discussion with your attorney about the specific laws and rules, such as Georgia Code §*-*-* (punishment for felonies) and §*-*-* (life imprisonment without parole).
on June * * we received our notice for an appeal estates notice is here by given that My Husband defended above name appeals to the Supreme Court from the judgment of conviction and sentence entered on May *, * with an amended sentencing order entered on May * the event for which defendant was convicted and the sentences imposed count. One malice murder life imprisonment saints to OCG *–* – 2B count nine aggravated assault 20 years concurrent to count one count * possession of firearm during crime 10 years to serve consecutive to count one and count * possession of firearm by convicted fail in 15 years to serve consecutive to count *
The appeal process can be complex. Here are the basic steps:
- File a Notice of Appeal in the trial court.
- Prepare and file an appellate brief that argues your case.
- Oral argument may be scheduled.
- The court will make a decision and issue an opinion.
Consult with your lawyer for a tailored approach.