West Georgia Criminal Defense lawyers [http://atlanta-westgeorgialawyers.com/] know that it is sometimes difficult to win on appeal. It is well known among the legal community that Georgia does not have a cumulative error rule. However, it should.

Under Georgia law, a convicted individual must show on appeal how each error that occurred at trial was prejudicial enough to warrant reversal. Compare this to the cumulative error doctrine which recognizes that while one error may, on its own, be harmless, there is a cumulative effect of all of the errors. Under the cumulative error doctrine, if the effect of all trial errors is prejudicial enough, a reversal will be given despite that fact that each error would be considered harmless standing alone.

In Georgia, for an error that occurred at trial to necessitate reversal, the appellant must show that the error was not harmless, contributed to the verdict, and was prejudicial. For an error to be prejudicial, it must be shown that without the error, the outcome of the trial would have been different.

Nearly every error can be considered harmless under the current standard in Georgia. Generally, errors in jury instructions are the most likely to be successful grounds for reversal. Many allegations of error fall under the ineffective assistance of counsel category, including failure to make proper objections or failure to file the proper motions to exclude evidence. These types of errors typically fail because the appellant must show that had their attorney acted differently during trial, the outcome of the case would have likely been different. Under the current Georgia rule, a defendant could be denied a fair trial because none of the trial errors would be considered prejudicial enough to necessitate reversal of the conviction.

At least 12 states follow the cumulative error doctrine. These states include Florida, Kansas, Washington, Illinois, Tennessee, West Virginia, Wyoming, Colorado, Nebraska, Mississippi, Oklahoma, and Texas. In these states, the average reversal rate for mandatory cases by the state supreme court, including criminal cases, is higher. Colorado has a reversal rate of 36.4%. Kansas has a reversal rate of 32.1%. West Virginia has a reversal rate of 29.3%. Georgia has only a reversal rate of 18.8% for mandatory cases. There is approximately a ten percent disparity between Georgia's reversal rate and the national average reversal rate, which is 28.1%. [1]Perhaps adoption of the cumulative error doctrine would fix this.

Georgia should adopt the cumulative error doctrine in order to protect criminal defendant's liberty and to ensure fair trials. However, since Georgia has not done this, it is important for defendants to have competent and effective trial counsel. Contact a Carrollton lawyer to make sure you are zealously represented when you need to be.

[1] 89 B.U.L. Rev. 1451 (Dec. 2009)