The motion for new trial in Georgia is the 1st step in obtaining post-conviction relief after a criminal conviction. The motion for new trial is controlled by the requirements of OCGA 5-5-40.
TIMING OF THE MOTION FOR NEW TRIAL IN GEORGIA
Do not leave the right to have a motion for new trial considered to the discretion of a judge. If you face a criminal conviction, you have the right to have a right to have a motion for new trial considered if the motion for new trial is filed within 30 days from the date of conviction.
A motion for new trial is a very flexible motion. The motion for new trial may be amended any time before a rule is entered.
THE MOTION FOR NEW TRIAL IN GEORGIA IS LIMITED BY THE WILLING OF YOUR ATTORNEY TO THINK OUTSIDE OF THE BOX
The motion for new trial does not control the issues that may be raised on an appeal from a conviction or the denial of a motion for new trial in Georgia. Ineffective assistance of counsel claims, however, should be raised in a motion for new trial. It has been our experience that ineffective assistance of counsel claims afford an excellent opportunity to raise issues that might otherwise seem unlikely to prevail on an appeal.
An ineffective assistance of counsel claim must be made at the earliest possible time. Generally, the motion for new trial is the earliest possible time.
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