Georgia Court of Appeals and the Standards of Review

 

Mcintyre & Associates ic

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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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.

What Is a Habeas Corpus Action?

Habeas Corpus pic

Michael Kennedy, Mcintyre & Associates
Image: georgiapostconviction.com

Based in Atlanta, Georgia, the lawyers at Michael Kennedy McIntyre & Associates have decades of experience in state and federal postconviction representation. Michael Kennedy McIntyre & Associates strives to deliver the highest level of professional excellence in habeas corpus actions. Habeas corpus is a legal action by which individuals unlawfully imprisoned can seek relief. The right of habeas corpus is included in the United States Constitution to prevent the government from labeling someone a criminal and imprisoning them without ever giving them an opportunity to appear in a court of law. State habeas corpus relief may be sought by the filing of a state habeas corpus application by any individual imprisoned as a result of a sentence imposed by a Georgia court. A state habeas corpus application alleges that an individual’s custody is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences.

Georgia State Board of Pardons and Paroles – Restoration of Rights

 

Georgia State Board of Pardons and Paroles pic

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

Currently working as a practicing attorney for Michael Kennedy McIntyre & Associates in Atlanta, Georgia, Michael Kennedy McIntyre practices law specifically in the area of post-conviction representation. Michael Kennedy McIntyre started his own practice over 20 years ago and works closely with the Georgia Parole Board, assisting clients with parole issues such as receiving pardons and restoration of rights.

The Georgia State Board of Pardons and Paroles includes several programs that can help parolees after their release, including programs that help with restoration of rights and receiving pardons. Parolees can seek the restoration of rights, such as the right to serve on a jury or to run for public office.

Parolees also have the right to petition to receive a pardon which states that the crime has been pardoned by the State of Georgia. Having the assistance of an attorney in pursuing pardons and restorations of rights can help make the process easier.