Background
After his 2022 convictions for aggravated sexual battery and other offenses, Lawrence Fauntleroy timely moved for a new trial. The trial court denied that motion, and Fauntleroy timely appealed. His appellate counsel, Marilyn Tyler, filed a brief in the Court of Appeals on April 30, 2026.
The managing appellate attorney for the Georgia Public Defender Council later moved to remand the appeal to ensure Fauntleroy received effective appellate representation. The motion stated that the Georgia Supreme Court had found Tyler’s briefs in her cases substantially deficient and remanded those cases for consideration of new appellate counsel. The Court of Appeals independently reviewed Tyler’s brief in Fauntleroy’s appeal and found it appeared substantially deficient and below the court’s expectations under Court of Appeals Rule 25.
The Court’s Holding
The Court of Appeals remanded the case to the trial court. Because this is Fauntleroy’s first appeal of right, he has a constitutional right to effective assistance of appellate counsel.
The trial court must expeditiously determine whether Fauntleroy wishes to retain new appellate counsel, requires appointed counsel because he is indigent, or wishes to proceed pro se after a proper waiver of counsel. The appellate court directed the trial court clerk to transmit the order and related record back to the Court of Appeals, which will re-docket the appeal under a new case number.
Key Takeaways
- A criminal defendant’s first appeal of right includes a constitutional entitlement to effective appellate representation.
- An appellate brief that appears substantially deficient may warrant a remand to address counsel before the appeal proceeds.
- The remand did not resolve the merits of Fauntleroy’s convictions or appellate claims.
Why It Matters
The order shows that Georgia appellate courts may pause and remand a criminal appeal when the record raises serious concerns about the adequacy of appellate counsel’s briefing. The court also emphasized the need to act quickly because its review remains subject to Georgia’s constitutional two-term rule.