Habeas Corpus Petitions in the State of Georgia

 

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Mcintyre & Associates
Image: georgiapostconviction.com

Attorney Michael Kennedy McIntyre founded McIntyre & Associates in 1985. Representing clients in post-conviction cases, McIntyre & Associates help people secure release from confinement through a number of post-conviction options including habeas corpus petitions. Habeas corpus, a writ guaranteed by the Georgia Constitution, is a court-issued relief available to people who prove they have been unlawfully detained. Habeas corpus petitions can be filed in extradition cases, pretrial confinement cases, and post-conviction cases, but the vast majority of petitions are filed in post-conviction cases. A post-conviction habeas corpus petition is filed as a civil action in a superior court. The petitioner contends that he or she is held unlawfully as a result of a sentence imposed following a denial or violation of the petitioner’s constitutional rights during a trial, a guilty plea hearing, or sentencing. In Georgia, the venue for hearing the petition is in the county where the petitioner is detained. If the petitioner is detained in another state, the petition is heard in the county where the conviction was imposed.

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Restrictions Placed on Offenders After Release

 

Mcintyre & Associates ic

Mcintyre & Associates
Image: georgiapostconviction.com

Michael Kennedy McIntyre has practiced as an attorney at Atlanta, Georgia’s Michael Kennedy McIntyre & Associates since 1985. The firm practices exclusively in the field of criminal postconviction representation. In addition to representing offenders who are currently incarcerated, McIntyre & Associates also represents offenders who have been released from prison but have various restrictions placed on their lives.

In the United States, individuals released from prison face a number of legal restrictions, though the extent and precise nature of these restrictions vary from state to state. Convicted felons are prohibited from holding public office in many states. The severity of a person’s offense can determine whether or not they can run for office, and in some states this right is reinstated after a certain period of time, such as one decade after the completion of a served sentence.

Serving on a jury is another activity felons are barred from engaging in in numerous states. Similar to running for office, many states allow an individual to reclaim this right after a predetermined period of time. A few additional restrictions placed on convicted felons include suspension of voting rights and added challenges or a denial of international travel and joining the military.

Any individual who is concerned about the restrictions they may face after serving a criminal sentence, or who would like to learn about alleviating some of these restrictions, should reach out to a local attorney experienced in areas of criminal rights and postconviction representation.

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.

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.