Background
Charles Shirley was convicted in 2022 of family violence aggravated assault. After the trial court denied his timely motion for new trial, Shirley timely appealed, and his counsel, Marilyn Tyler, filed an appellate brief on February 3, 2026.
The Georgia Public Defender Council’s managing appellate attorney later moved to remand the case to ensure Shirley received effective appellate representation. The motion stated that the Georgia Supreme Court had found Tyler’s briefs in its cases substantially deficient and remanded those matters for determinations about replacement counsel. The Court of Appeals found Tyler’s brief in Shirley’s appeal also appeared substantially deficient.
The Court’s Holding
The Court of Appeals remanded the appeal to the trial court for an expedited determination of Shirley’s appellate representation. Because this is Shirley’s first appeal of right, the court held that he is constitutionally entitled to effective counsel.
The trial court must determine whether Shirley wants to retain new appellate counsel, receive appointed counsel if indigent, or proceed pro se after a proper waiver of counsel. The clerk must transmit the remand order and any related record back to the Court of Appeals, which will re-docket the appeal under a new case number.
Key Takeaways
- A first appeal of right carries a constitutional entitlement to effective appellate counsel.
- An appellate brief that appears substantially deficient may require remand to address representation before the appeal proceeds.
- The trial court must promptly determine whether Shirley will have retained counsel, appointed counsel, or validly waive counsel.
Why It Matters
The order underscores that an appellate court may intervene when counsel’s filing appears inadequate to protect a criminal appellant’s right to meaningful representation. It also directs an expedited remand in light of the court’s constitutional obligation to decide the appeal within the applicable two-term period.