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.