Correcting Appeal Record Errors

Summary

If clerical errors have impacted your appeal, file a motion for reconsideration or to correct the record with the Georgia Court of Appeals. Address any potential misconduct by filing a complaint with the State Bar of Georgia and requesting an investigation into unethical behavior. Consider detailing the errors and their impact on your case, and provide supporting evidence. For serious allegations, such as racketeering, contact the Georgia Bureau of Investigation or the Attorney Generals Office.

Full Conversation

The record in my appeal that was sent over from the lower court was instructed to not exclude anything. However, the lower court did exclude * motions on the historical record. The record was finally supplemented to add those * motions, but they were added to a different appeal (one out * appeals that got dismissed due to jurisdiction issues). I was able to cite the record in my reply brief using by including the * supplemented motions. But by the time the Judges viewed the appeal briefs, someone in the clerks office changed the record volume that was cited and put docketed in error when it came to those * supplemented motions. Causing those motions to be excluded from the other appeal records (from the same lower case) and the citations to be out of order and not findable by the judges; thus causing the judgement to stand affirmed due to lack of supporting evidence. What can I do now
****, it sounds like a complex clerical error has impacted your appeal. You may consider filing a motion for reconsideration or a motion to correct the record. This would alert the appellate court to the mistake and provide an opportunity to correct it.
Where are you located? This can help determine the specific procedures for your jurisdiction.
ga
Given the complexity of your case involving clerical errors and appeals, filing a motion for reconsideration or a motion to correct the record is indeed a good step. Specific procedures can vary by jurisdiction.
Are you located in Georgia? If so, the appropriate court may be the Georgia Court of Appeals. Would you like more detailed steps on how to file these motions?
The case is currently with the court of appeals. Would filing an appeal to the ga Supreme Court be a good option and stating the same reasons for the appeal
If your case has clerical errors that impacted the outcome, addressing these issues with the Court of Appeals first through a motion for reconsideration or a motion to correct the record may be more effective. Filing an appeal to the Georgia Supreme Court might be premature if the appellate court hasn't corrected the records.
Would you like to know more about the steps to file these motions?
yes please
Filing a motion for reconsideration or a motion to correct the record with the Georgia Court of Appeals is a crucial step.
Here are the steps to file these motions:
*. Draft the Motion:
- Clearly state the clerical errors.
- Provide evidence of the incorrect record handling.
- Explain how these errors impacted the appeal's outcome.
*. File the Motion:
- File with the clerk of the Georgia Court of Appeals.
- Include a certificate of service.
*. Serve the Motion:
- Serve copies to all parties involved.
- Follow Georgia Court of Appeals' rules for service.
Would you like more details on any of these steps?
ues
Sure, here are more details on each step:
*. Draft the Motion:
- State Clerical Errors: Describe the clerical mistakes in the record.
- Provide Evidence: Attach documents showing the errors and their impact.
- Explain Impact: Detail how the errors affected your appeal's outcome.
*. File the Motion:
- Clerk of the Court: File the motion with the Georgia Court of Appeals' clerk.
- Certificate of Service: Include this to confirm all parties are notified.
*. Serve the Motion:
- Copies to Parties: Serve the motion to all involved parties.
- Service Rules: Follow the Georgia Court of Appeals' service rules.
Would you like more help with drafting the motion or understanding the service rules?
yes
To draft the motion, here’s a detailed outline:
*. Draft the Motion:
- State Clerical Errors: Describe the specific omissions and incorrect record handling.
- Provide Evidence: Attach relevant documents showing what was left out and how they were misfiled.
- Explain Impact: Clarify how these errors affected the appeal’s determination.
*. File the Motion:
- Clerk of the Court: Submit the motion to the Georgia Court of Appeals' clerk.
- Certificate of Service: Include this document to confirm all parties have been notified.
*. Serve the Motion:
- Copies to Parties: Ensure all involved individuals receive copies.
- Service Rules: Adhere to the specific rules set by the Georgia Court of Appeals.
Would you like assistance with drafting any specific section of the motion?
yes
Sure thing, ****. Here's a more detailed guide on drafting each section of the motion:
*. State Clerical Errors:
- Clearly detail each clerical error, such as the omission of the four motions and misfiling.
- Specify dates, document numbers, and any relevant details.
*. Provide Evidence:
- Attach copies of the original documents and any correspondence showing the errors.
- Include proof of the correct documents and how they should have been filed.
*. Explain Impact:
- Describe how the errors directly impacted the appeal, such as the judges not being able to reference the correct evidence.
- Detail the resulting consequences, like the affirmation of the judgment due to lack of evidence.
Would you like examples or templates for any of these sections?
yes
Sure, ****. Here are examples for each section of the motion:
*. State Clerical Errors:
- "On [date], the lower court omitted four crucial motions (e.g., Motion Nos. X, Y, Z, W) from the record. These motions were later added to a different appeal mistakenly."
*. Provide Evidence:
- "Attached as Exhibit A are copies of the original motions and Exhibit B includes correspondence confirming the errors."
*. Explain Impact:
- "Due to these errors, the judges could not reference critical evidence, leading to an affirmation of the judgment without proper consideration of all facts."
Would you like a full template for the motion?
yes
Sure, ****. Here’s a full template for your motion:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Clerk of the Court
Georgia Court of Appeals
[Court's Address]
Re: Motion to Correct the Record / Motion for Reconsideration
Case No.: [Your Case Number]
Introduction
Dear Honorable Judges,
I am writing to request a correction of the clerical errors that have significantly impacted the outcome of my appeal. The errors in question are as follows:
*. State Clerical Errors
- Error Description: On [date], the lower court omitted four crucial motions (e.g., Motion Nos. X, Y, Z, W) from the record. These motions were later added to a different appeal mistakenly.
- Details: These omissions and incorrect filings have resulted in substantial confusion and misrepresentation of the case.
*. Provide Evidence
- Exhibit A: Copies of the original motions.
- Exhibit B: Correspondence confirming the errors.
-*. Explain Impact
- Due to these clerical errors, the judges were unable to reference critical evidence, leading to an affirmation of the judgment without proper consideration of all facts. This has caused a significant miscarriage of justice.
Conclusion
In light of these errors and their impact, I respectfully request the Court to:
- Correct the clerical errors by adding the four omitted motions to the correct appeal record.
- Reconsider the judgment based on the complete and accurate record.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like assistance with anything else?
the appeal brief contained evidence of a racketeering type of unethical behaviors by certain actors of the court, and the appeals judgement wasn’t authorized to be published. There have been incidences in our lower case where exculpatory evidence was hidden from the record to
Given the allegations of serious misconduct and ethical violations, this case may require more than just a motion to correct the record. You might consider:
- Filing a complaint with the State Bar of Georgia regarding unethical behavior.
- Requesting an investigation into the alleged racketeering and hidden exculpatory evidence.
Would you like more detailed information on these steps?
Yes , but also what if the level of racketeering has reached the appeals court and that may be why the record was tampered with after the appeal briefs were filed and labeled docketed in error. Is there anything I can do legally
Given the serious nature of your allegations, you should consider the following steps:
- File a Motion for Reconsideration: Emphasize the tampering and its impact on your case.
- Report to the State Bar: File a complaint about unethical behavior.
- Request Investigation: Ask for an investigation into the alleged misconduct.
Would you like more details on how to report these issues or who to contact for investigations?
yes please
Sure, ****. Here’s how to proceed:
*. File a Motion for Reconsideration:
- Reiterate the tampering and its impact on your appeal.
- Emphasize any new evidence or discrepancies since the initial filing.
*. Report to the State Bar of Georgia:
- File a complaint detailing the unethical behavior.
- Include any evidence and describe how it affected your case.
- Contact: [State Bar of Georgia](https://www.gabar.org/)
*. Request an Investigation:
- Write to the Georgia Bureau of Investigation (GBI) or the Attorney General's Office.
- Detail the racketeering allegations and provide supporting evidence.
Would you like assistance drafting any of these documents?
yes please
Sure, ****. Here’s some guidance on how to draft these documents:
Motion for Reconsideration
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Clerk of the Court
Georgia Court of Appeals
[Court's Address]
Re: Motion for Reconsideration
Case No.: [Your Case Number]
Introduction
Dear Honorable Judges,
I am filing this motion for reconsideration to address clerical errors and potential tampering that have significantly impacted the outcome of my appeal.
*. Clerical Errors and Tampering
- On [date], four crucial motions (Motion Nos. X, Y, Z, W) were omitted and later added to a different appeal mistakenly.
- Evidence of tampering: [Detail any new evidence or discrepancies].
*. Evidence of Impact
- Attached as Exhibit A are copies of the original motions and Exhibit B includes correspondence confirming the errors.
- Due to these errors and tampering, the judges were unable to reference critical evidence, leading to an unjustaffirmation of the judgment.
Conclusion
In light of these errors and their impact, I respectfully request the Court to:
- Correct the record by adding the four omitted motions to the correct appeal record.
- Reconsider the judgment based on the complete and accurate record.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
Complaint to the State Bar of Georgia
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
State Bar of Georgia
[State Bar Address]
Re: Complaint Regarding Unethical Behavior
Case No.: [Your Case Number]
Dear State Bar of Georgia,
I am filing this complaint to report unethical behavior and potential racketeering by certain court actors involved in my case.
Details of Unethical Behavior
- Description of racketeering and unethical behaviors, including any specific incidents and actors involved.
- Evidence of hidden exculpatory evidence and tampering with the appeal record.
Impact on Case
- How these actions have affected the outcome of my appeal and caused a miscarriage of justice
Thank you
****, your case involves serious allegations of clerical errors, potential tampering, and unethical behavior. Here are the steps to draft the remaining documents:
~Request for Investigation~
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Georgia Bureau of Investigation (GBI)
[GBI Address]
Re: Request for Investigation
Dear [Investigation Officer's Title and Name],
I am writing to request an investigation into potential racketeering and unethical behavior by certain court actors involved in my case, [Case No.: Your Case Number].
Details of Allegations
- Racketeering: Describe incidents and actors involved.
- Exculpatory Evidence: Detail evidence hidden from the record.
- Tampering: Describe tampering with appeal records.
Impact on Case
- Explain how these actions affected your appeal and resulted in a miscarriage of justice.
Conclusion
I respectfully request a thorough investigation into these serious allegations to ensure justice is served.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
Would you like assistance with anything else?
No this has been very helpful thank you
I'm glad I could help, ****. If you need further assistance in the future, don't hesitate to reach out. Best of luck with your case!
thanks
You're welcome, ****. Good luck with everything!
Privacy Policy | Terms Of Use