Georgia Court of Appeals and the Standards of Review

 

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Mcintyre & Associates
Image: georgiapostconviction.com

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.

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Pre-Parole Investigations in the State of Georgia

 

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McIntyre & Associates
Image: georgiapostconviction.com

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.

Georgia Department of Community Supervision

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Department of Community Supervision
Image: dcs.georgia.gov

Michael Kennedy McIntyre opened his practice, Michael Kennedy McIntyre & Associates in Atlanta, Georgia, over 30 years ago and specializes in post-conviction representation. McIntyre & Associates is available to assist individuals with issues that arise while on parole or probation in Georgia. For years in Georgia, parolees were supervised by the Georgia Board of Pardons and Paroles and probationers were supervised by the Georgia Department of Corrections. In 2015, based upon a review by the Georgia Council of Criminal Justice Reform, a bill was introduced to the Georgia Assembly which would combine the supervision of parolees and probationers by creating one state agency that would be responsible for all offender supervision. That bill, HB 310, was signed into law in May 2015 by Governor Deal and thereby created the Department of Community Supervision (DCS). The DCS monitors both parolees and probationers has its headquarters in Atlanta and field offices throughout the state.

Georgia’s Parole Decision Guidelines

Mcintyre & Associates ic

Mcintyre & Associates
Image: georgiapostconviction.com

Based in Atlanta, Georgia, law firm Michael Kennedy McIntyre & Associates focuses its practice on postconviction legal representation, including habeas corpus, appeals, and pardon and parole cases. Backed by the experience of a former Georgia Parole Board member, Michael Kennedy McIntyre & Associates offers the best counsel concerning parole matters and the state’s Parole Decision Guidelines. Established in 1979, the Georgia Parole Decision Guidelines aim to standardize confinement times. Recent revisions to the guidelines include integrating a data-driven risk instrument into the process. For the first time, the new guidelines align with the average duration of prison sentences imposed by the state. The revisions were adopted after the extensive study of several parole-related factors, including the risks associated with granting clemency, past practices, and the impact on prison capacity. Ultimately, the parole board determined the specific revisions served the best interest of the public and the criminal justice community.