WHEN A SENTENCE MAY BE APPEALED OR CHALLENGED
We are very proud of the firm and our law partner Leigh Schrope as she put all the pieces together to file a request to overturn the conviction of our client Mr. Stinchcombe through the newly structured Conviction Integrity Unit in Fulton County. The result of hard work and investigation is our firms’ purpose, and it matters.
This incredible victory was highlighted in the Atlanta Journal-Constitution by Bill Rankin. Ms. Schrope was quoted: “This case is another example of an innocent person having to wait a long time for justice. We are so happy that Mr. Stinchcomb has been exonerated and that he has been reunited with his loving family.”
POSSIBLE REMEDIES FOR UNLAWFUL SENTENCING
1. Direct Appeal
Your attorney may appeal the sentence to a higher court, submitting briefs arguing specifics as to why your sentence is either unconstitutional or excessive. If the appeal is successful, the appellate judges may remand the case back to the trial court for modified resentencing, or in a few cases vacate the sentence completely.
2. Petition for Habeas Corpus
This petition does not address your guilt or innocence, but instead directly challenges the legality of your imprisonment. This option is generally only available if you are currently incarcerated and if other forms of appeal have run their course.
