Most attorney’s fee agreements are for the trial level legal fees and do not include an appeal of the case to the Court of Appeals or the Supreme Court. If you need an attorney to assist you or your trial attorney with your appeal, our firm has the experience to get your appeal to the proper court. However, you must have the appeal filed within 30 days of the decision of the trial court and you have only 20 days to file your brief after the case is docketed in the court.

We have experience in Appeals. Contact us today at 770-889-2522.

Successful Appeals Cases:

1. Federal Drug Case/Reversal by U.S. Supreme Court: Constantino Duarte-Benitez v. United States of America, 546 U.S. 944, 126 S.Ct. 440, 163 L.Ed.2d 335, 74 USLW 3229 (2005). Attorney Robert McFarland was appointed by the Northern District of Georgia, Gainesville Division, to represent one of several defendants in a major drug case. After a week and a half of this federal jury trial, all of the defendants “pled out.” However, the government would only offer the defendant life in the penitentiary. Attorney Robert McFarland eventually was able to get this reduced to 30 years, but Robert McFarland appealed the case to the 11th Circuit Court in Atlanta, Georgia on the issue of the legality of the mandatory sentencing guidelines, which was upheld. Robert McFarland appealed that decision to the United States Supreme Court, which reversed the 11th Circuit Court of Appeals and remanded to the 11th Circuit for further proceedings.
2. Slip & Fall/Reversal by Georgia Supreme Court: Jones v. Ingles Markets, Inc., 231 Ga. App. 338 (1998). The client was injured in Winder, Georgia when she slipped on a puddle of liquid on the grocery store’s floor. The trial court would not let the case go to a jury and held that as a matter of law the client failed to exercise ordinary care because she admitted that she could have seen the puddle of clear liquid if she had looked at the floor where she was walking. Attorney Robert McFarland was able to obtain a reversal by the Supreme Court of the trial court’s decision which was upheld by the Georgia Court of Appeals. This reversal led to a settlement with the insurance company. Prior to the reversal, no settlement offers were made.
3. Unconstitutional Statute/Criminal Charges Dismissed: McKenzie v. State, 279 Ga. 265 (2005). McKenzie was charged by the Forsyth County Solicitor’s Office with five counts of obscene telephone calls which were collect telephone calls that he made to his girlfriend and which she accepted. At the bench trial, the Forsyth County State Court Judge convicted him of two counts of obscene telephone calls and he was found “not guilty” of three counts. Attorney Parker McFarland challenged the statute on First Amendment grounds and the trial judge ruled that the statute was constitutional. Attorney Parker McFarland filed an appeal to the Georgia Supreme Court and McKenzie’s convictions were unanimously reversed. The Supreme Court ruled that the obscene telephone calls statute was unconstitutional because it violated the free speech rights guaranteed by the First Amendment of the United States Constitution. Therefore, McKenzie was exonerated of all charges.
4. DUI Charges Reversed and Dismissed: Client (K.B.) was stopped by the City of Cumming Police for failure to maintain lane and eventually arrested for DUI. The breath test result at the jail was .172. Client asked for an independent blood test and the officer took him to the hospital but would not allow him to use a telephone or go to an ATM to obtain funds for the blood test. Attorney Parker McFarland filed a motion to suppress the breath test results due to the failure of the officer to reasonably accommodate Client’s request for an independent blood test. The Cumming Municipal Court Judge denied the motion and found the Client guilty of DUI Per Se (unlawful blood alcohol level). Attorney Parker McFarland filed an appeal from Municipal Court to Superior Court. After an oral argument, the appellate court reversed the Cumming Municipal Court’s ruling and held that the trial court erred in denying Client’s motion to suppress. Consequently, Client’s DUI conviction was overturned and he was cleared of all charges.
5. Sentence Reversed: Wnek v. State, 262 Ga. App. 733 (2003). Client was charged with felony theft by taking and financial transaction card theft in Forsyth County Superior Court. Following a jury trial, Client was found "not guilty" of theft by taking and guilty of financial transaction card theft. The Judge refused to give Client first offender status and Attorney Parker McFarland filed an Appeal to the Court of Appeals contending that the Judge failed to use its discretion to grant first offender. The appellate court vacated the sentence and remanded it back to the Trial Judge for resentencing. This time the Judge granted first offender status to Client which prevented her from being a convicted felon.
6. Child Molestation and Sexual Battery Convictions Reversed: Pointer v. State, 299 Ga. App. 249 (2009). Client (N.P.) was convicted of child molestation and sexual battery in 2002 in Lamar County Superior Court. In 2008, Client retained new counsel, Parker McFarland, to handle his appeal. Client had just begun serving a seven year prison sentence for a probation violation when Attorney Parker McFarland filed a motion for new trial, alleging that a state expert improperly bolstered the credibility of the victim and invaded the province of the jury when he testified that his evaluation "strongly suggests that the victim had been sexually abused as alleged." Attorney Parker McFarland also stated that Client’s trial attorney provided ineffective assistance of counsel by failing to object, move for a mistrial, or ask for an instruction from the judge to the jury to disregard the improper testimony. The trial court denied the motion and an appeal was filed to the Georgia Court of Appeals. The Court of Appeals ruled that this testimony was improper and that trial counsel was deficient in failing to object to it. Moreover, the Court of Appeals agreed with Parker McFarland that the evidence was not overwhelming and that trial counsel’s failure to object contributed to the verdict. Therefore, the Court of Appeals reversed all convictions and granted a new trial.
7. Aggravated Assault and Criminal Damage to Property Charges Dismissed: Desalvo v. State, A09A0935 (8/13/09). Client (L.D.) was charged in Forsyth County Superior Court with aggravated assault by pointing a pistol at the victim as well as criminal damage to property in the 2nd degree. However, the State failed to present the case to the grand jury and secure an indictment within the four year statute of limitations. The State alleged an exception to toll the statute of limitations in the indictment, that the identity of Client was unknown to the State for 18 months. Attorney Parker McFarland filed a Plea in Bar in which he alleged that the identity of Client was in fact known to the State for the entire four years; therefore, the statute of limitations had expired and the case should be dismissed. At the Plea in Bar hearing, the District Attorney told the judge about DNA evidence which resulted in a match of Client 18 months after the incident. However, the District Attorney failed to call any witnesses to prove the exception to the statute of limitations. Attorney Parker McFarland argued that the State failed to carry its burden since the arguments of the District Attorney proved nothing but the trial judge denied the motion. Attorney Parker McFarland filed an appeal to the Georgia Court of Appeals. The Court of Appeals agreed with Parker McFarland that the State had failed to prove the exception to the statute of limitations, denied the State’s request for a second hearing, and reversed the trial court’s ruling. The result was a dismissal of all charges.
8. Other examples: Attorney Robert McFarland has had over thirty cases in the appellate courts. He has been appointed as a Special Master in numerous real estate cases and appointed as a Guardian Ad Litem in various Domestic Cases. He has practiced in Federal Bankruptcy Court for a number of years on both the creditor and the debtor side. While he has handled a great number of domestic cases of various types over the years, he has focused on civil litigation in the areas of probate and real estate cases of late.