Hall v. Georgia
Annotate this CaseMichelle Hall, who was represented by counsel in her first appeal, sought to pursue a second direct appeal, which was not authorized by Georgia law, leaving the Georgia Supreme Court without jurisdiction to consider on the merits. Hall was convicted of malice murder and family violence aggravated assault in 2009. Her convictions were affirmed by the Georgia Supreme Court in her first direct appeal. She applied for habeas relief, which was ultimately denied. The Eleventh Circuit reversed the denial of habeas relief, and remanded to Georgia federal district court with instruction to remand to state court for a new direct appeal. The federal district court ruling served as the basis for Hall’s appeal before the Georgia Supreme Court. While the Georgia Supreme Court found itself in “no position to dictate the parameters of relief granted by the Eleventh Circuit, the relief granted by the Eleventh Circuit in this case is not available. In Georgia, the normal remedy for ineffective assistance of appellate counsel in a situation where the defendant has not suffered a complete denial of counsel in his or her first direct appeal is a new trial, not just a new appeal.” Although the Eleventh Circuit's holding that Hall is entitled to habeas relief due to ineffective assistance of her appellate counsel is res judicata on the State, the State lacks the legal authority to provide the specific relief the Eleventh Circuit ordered.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.