Background
Rasean Garod Fulwood had an appeal pending before the Court of Appeals of Georgia. The court’s brief order does not describe the underlying criminal case, the judgment being appealed, or the grounds for the appeal.
Fulwood moved to remand the case so that the trial court could appoint new counsel to represent him on appeal. The order does not identify the prior attorney or explain why replacement counsel was requested.
The Court’s Holding
The Court of Appeals granted Fulwood’s motion to remand. It removed the case from its appeal docket and returned the matter to the trial court for appointment of new appellate counsel.
After new counsel is appointed, Fulwood will have 30 days from the appointment date to refile his notice of appeal. Once that notice is filed, the case may be transmitted back to the Court of Appeals for redocketing.
Key Takeaways
- The court granted Fulwood’s request for appointment of new appellate counsel.
- The pending appeal was removed from the appellate docket and remanded to the trial court.
- Fulwood must refile his notice of appeal within 30 days after new counsel is appointed.
Why It Matters
The order preserves a path for Fulwood to pursue his appeal with newly appointed counsel, but requires a new notice of appeal on a specific timetable. The appellate court did not address the merits of his underlying appeal.