An appeal is not a second trial. Appellate courts do not hear witnesses or weigh new evidence. They review the trial court record for legal error. Post-conviction proceedings are different. They can reach problems the trial record never captured, such as a defense lawyer's failure to investigate or evidence the prosecution withheld. Knowing which path fits your case, and how much time is left to take it, is the first and most important decision after an unfavorable result.
Appeal or Post-Conviction Relief? The Difference Matters
A direct appeal challenges errors that appear in the trial record: rulings on evidence and motions, jury instructions, the sufficiency of the evidence, or the legality of a sentence. Direct-appeal deadlines are measured in days, not months.
Post-conviction relief, also called collateral review, comes after the direct appeal is over or the time to appeal has passed. In Georgia it usually means a state habeas corpus petition, an extraordinary motion for new trial, or a motion to modify or correct a sentence. In federal court it means a habeas petition under 28 U.S.C. § 2254 (for people convicted in state court) or a motion under 28 U.S.C. § 2255 (for people convicted in federal court). These deadlines are longer, but they are strict, and the state and federal clocks interact in ways that can quietly forfeit a claim.
Which Court Hears Your Case, and How Long You Have
| Your situation | Where it goes | Key deadline |
| Georgia criminal conviction | Court of Appeals of Georgia (most cases) | Motion for new trial or notice of appeal within 30 days of judgment |
| Georgia murder conviction | Supreme Court of Georgia for cases docketed before July 1, 2027; most non-death-penalty murder appeals move to the Court of Appeals after that date | 30 days |
| Georgia civil judgment | Court of Appeals of Georgia, or the Supreme Court of Georgia in constitutional and election cases | Notice of appeal within 30 days; some cases require an application instead |
| Federal criminal conviction | U.S. Court of Appeals for the circuit where you were convicted | Notice of appeal within 14 days |
| Federal civil judgment | U.S. Court of Appeals for the circuit | 30 days (60 if the United States is a party) |
| Georgia prisoner after the direct appeal | State habeas in the superior court of the county of incarceration, then federal habeas under § 2254 | 4 years for a felony (state); 1 year (federal), and the federal clock may already be running |
| Federal prisoner after the direct appeal | § 2255 motion in the court that imposed the sentence | 1 year from when the conviction became final |
These are general rules. Post-trial motions, reconsideration, and other events can change when a clock starts or stops. That is why the first thing we do in any appeal or post-conviction matter is confirm every deadline.
Georgia's Appellate Courts
Georgia has two appellate courts. The Court of Appeals of Georgia hears the large majority of criminal and civil appeals. The Supreme Court of Georgia has exclusive jurisdiction over constitutional questions and election contests, hears all habeas corpus appeals and death-penalty cases, currently hears direct appeals in murder cases, and reviews Court of Appeals decisions by certiorari. In August 2026, the Supreme Court announced that for cases docketed on or after July 1, 2027, it will stop exercising direct appellate jurisdiction over murder appeals in which the death penalty was not sought, sending those cases to the Court of Appeals. Our Georgia criminal appeals and post-conviction and civil appeals pages explain how each court works.
Federal Appeals Across Seven Circuits
Our attorneys are admitted to practice before the United States Courts of Appeals for the First, Fourth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits. That reach covers federal criminal and civil appeals from district courts in 37 states, Puerto Rico, Guam, and the Northern Mariana Islands. That includes every federal court in Georgia, since Georgia's federal appeals go to the Eleventh Circuit in Atlanta. See federal appeals for the process and deadlines.
Federal Habeas Corpus for Georgia Convictions
When state remedies are exhausted, a Georgia prisoner may be able to seek relief in the U.S. District Court for the Northern, Middle, or Southern District of Georgia. Federal habeas is governed by the Antiterrorism and Effective Death Penalty Act of 1996, a demanding statute with a one-year limitations period and strict rules about which claims a federal court will hear. Our federal habeas corpus and § 2255 page explains how those rules apply to Georgia cases.
How We Approach an Appeal
- Deadlines first. We confirm every applicable deadline at the first conversation and file whatever is needed to preserve your rights.
- The whole record. We read the transcript, motions, exhibits, and orders, because the strongest appellate issues are often not the ones that felt most important at trial.
- Issue selection. Appellate courts reward focus. We identify the issues with the best chance of changing the outcome and build the brief around them.
- Clear writing. Most appeals are decided on the briefs. We write for busy judges: direct, organized, and grounded in the record and controlling law.
- Oral argument. When a court hears argument, we prepare to answer the hard questions, not just repeat the brief.
Do Not Wait
Appellate rights are lost far more often to missed deadlines than to weak arguments. If you or a family member has received an adverse verdict, judgment, or sentence, or if a direct appeal has already ended, contact us promptly. Consultations are free.
Reviewed by GA Law Group attorneys. Last updated October 12, 2026. This page provides general
information about Georgia and federal appellate procedure, not legal advice for your
situation. Deadlines are strict and fact-specific. Admission to practice before a court
does not imply specialization or certification, and no particular outcome can be
guaranteed.