Georgia Court of Appeals and the Standards of Review


Mcintyre & Associates ic

Mcintyre & Associates

Since 1985, attorney Michael Kennedy McIntyre has been representing clients in criminal postconviction matters. Michael Kennedy McIntyre is the owner of McIntyre & Associates in Atlanta, Georgia. Part of Mr. McIntyre’s postconviction practice includes offering expertise on the appeals process in Georgia. Established in 1906, the Georgia Court of Appeals serves as the intermediate appellate court in the state. The court, which includes five divisions and 15 total judges, mandates that appeals presented to the court identify the applicable standard of review. Standards of review refer to the deference a trial court is granted by an appellate court that reviews its decision. These standards are categorized in three areas: procedural errors, questions of law, and questions of fact. Standards involving disputes based on the interpretation of facts by the trial court are typically based on: Arbitrary and Capricious – A standard that typically applies to administrative cases, and determines whether the original ruling was arbitrary or motivated by issues other than the presented facts. Lack of Substantial Evidence – This standard refers to cases in which the lower court ruling was made without sufficient evidence to support it. Clearly Erroneous – A standard that applies to rulings that conflict with the presented evidence.

Pre-Parole Investigations in the State of Georgia


McIntyre & Associates pic

McIntyre & Associates

For more than three decades, attorney Michael Kennedy McIntyre has led Michael Kennedy McIntyre & Associates in Atlanta, Georgia. At Michael Kennedy McIntyre & Associates, Mr. McIntyre and his team provide post-conviction representation for clients whose cases are being considered by the Georgia State Board of Pardons and Paroles. Many offenders in the Georgia Department of Corrections typically are required to serve one-third of their sentences before they are eligible for parole consideration. Before considering an offender for parole, the Georgia Board of Pardons and Paroles conducts a pre-parole investigation. This process creates a file that includes the offender’s personal history and information about the offender’s convicting offense and former arrest record. Pre-parole investigation files are maintained by the Parole Board and used as the basis for all decision-making related to granting or denying an offender’s release on parole. Another document considered during the process include the Department of Corrections’ Parole Review Summary, which covers the offender’s activities and behavior in prison. Generally, there are four possible results of the Georgia Parole Board’s consideration of an offender for parole: first, the Georgia Parole Board may grant the offender parole; second, the Georgia Parole Board may deny parole entirely and require the offender to serve out the entire sentence; third, the Georgia Parole Board may establish a Tentative Parole Month for the offender; and fourth, the Georgia Parole Board may instead establish a “Reconsideration Date.” A “Reconsideration Date” is the future date when the Georgia Parole Board will next consider the offender for parole.