Grounds for a Post-Conviction Appeal

 

 

 

 

 

 

 

 

 

An accomplished criminal defense attorney based in Atlanta, Michael Kennedy McIntyre founded Michael Kennedy McIntyre & Associates in 1985, a legal firm that deals exclusively with post-conviction representation. A graduate of the University of North Carolina at Chapel Hill (UNC) School of Law, Michael Kennedy McIntyre worked as an attorney in various capacities before establishing his law firm. Michael Kennedy McIntyre & Associates handles various post-conviction criminal defense aspects such as appeals. An appeal is a request placed before a higher (appellate) court to review and change a decision made by a lower court. The defendant can either challenge the conviction itself or challenge the sentence without referring to the underlying conviction. A successful appeal can end a case entirely or restore a case back to the initial stages. A post-conviction appeal can be made in cases where the defendant feels the verdict rendered was not sufficiently supported by the evidence, there was a miscarriage of justice, or the judge made an error of law. An appeal can focus on the weaknesses of the evidence with an aim to convince the appellate court that the evidence used by jurors to convict was too weak. Appeals focusing on error of law are aimed at proving errors of law such as a judge giving incorrect directions to a jury, the wrongful admission of evidence, or an incorrect interpretation of a defendant’s rights occurring during the trial. Miscarriage of justice appeals challenge errors of both fact and law such as a jury member being biased or a judge refusing to provide an interpreter for an accused person.

How Parole Is Granted in Georgia

Georgia State Board of Pardons and Paroles Image: pap.georgia.gov

Michael Kennedy McIntyre is a post-conviction criminal defense lawyer based in Atlanta, with experience spanning over three decades. He founded Michael Kennedy McIntyre & Associates in 1985 to focus on post-conviction representation in the state of Georgia. In the course of his career, Mr. McIntyre has served as a lead defense counsel on a number of death penalty cases.

Michael Kennedy McIntyre & Associates is well versed in evaluating various options available for clients to obtain relief from their conviction, including parole representation and related options. Parole is when offenders are granted early release from their prison sentence and allowed to serve the remainder of their sentence in the community but under supervision and with certain conditions.

Georgia’s State Board of Pardons and Paroles is mandated to grant parole at its discretion for various offenders who have served time for their sentences. In Georgia, parole is not granted for some offenses. It is beneficial for clients who are eligible for parole to know the parole guidelines recommendation for their offense.

For instance, some offenses require an inmate to serve 65 percent of the sentence before being released on parole. Also, murder convictions with a life sentence which occurred after 2006 are not eligible for parole consideration until after the service of 30 years. When considering parole, the State Board of Pardons and Paroles follows a grid system, the parole guidelines, which is advisory. Although the Parole Board utilizes the grid system when considering a case, the Parole Board can determine to depart upward or downward from the grid system. Last, the Parole Board exercises discretion and does not have to disclose why it has made a particular decision or what information is contained in an offender’s parole file.

The Process of Removal from the Sex Offender Registry in Georgia

  Accomplished attorney Michael Kennedy McIntyre has been practicing at the Atlanta, Georgia-based law firm Michael Kennedy McIntyre & Associates for more than three decades. The firm focuses exclusively on the area of criminal post-conviction representation. Michael Kennedy McIntyre & Associates assists clients with the restrictions placed on them during and after their sentences. Clients convicted of sexual crimes often struggle more than most with post-conviction restrictions, as they often must register as sex offenders. But changes in Georgia’s laws in 2010 have led to some hope for those individuals. Although the sex offender registry in Georgia is considered lifelong, there are ways under Georgia state law that an offender can be removed from the registry. Most offenders can petition the Superior Court for removal of their names from the state sex offender registry. Before being considered for removal, the offender must have completed all prison, parole, supervised release, and probation for the offense which requires them to register and be classified as a Level I offender or 10 years must has elapsed since the individual has completed their sentences, supervised release, and probation. There are some exceptions to that rule if the offender has significant disabilities, has committed a crime that was later determined to be a misdemeanor, or been convicted of false imprisonment or kidnapping. If the offender has not been classified at the time of the petition for removal from the registry, the judge assigned to hear the petition will order that the Sex Offender Registry Review Board classify the offender.

What You Need to Know About Parole in Georgia

A practicing attorney since 1985, Michael Kennedy McIntyre works with the Georgia-based law firm Michael Kennedy McIntyre & Associates. The work at Michael Kennedy McIntyre & Associates is focused specifically on assisting clients who need criminal post-conviction representation. In the State of Georgia, any offender that is serving a felony sentence and eligible for parole is automatically considered at their parole eligibility date. It is not necessary to apply for parole. Most offenders who are eligible for parole consideration and are not serving a life sentence, are eligible for parole consideration upon serving one-third of their prison sentence, though it is very rare that parole is granted on that exact date. In Georgia, offenders do not go before the Parole Board to plead their case, as no formal parole hearings are held before decisions are made. Instead, the Parole Board members individually consider each eligible offender before casting a vote. The Parole Board can make a decision to parole an offender on a tentative parole date or a decision to deny parole. If parole is denied or if the tentative parole release date is more than 5 years away, the inmate is automatically reconsidered at least every 5 years.