May 20, 1998

Office of State Courts Administrator

Gregory Youchock

Senior Court Analyst II

Supreme Court Building

500 South Duval Street

Tallahassee, Florida 32399-1900

Attention:	Judge Monterey Campbell

Second District Court of Appeal

Chair, Committee on Per Curiam

Affirmed Decisions

Dear Judge Campbell:

I am in receipt of your letter of May 8, 1998 addressed to Mr. Robert L. Doss , Jr., Director, Administrative Office of the Courts of Georgia. Enclosed please find the responses to your survey for the Georgia Court of Appeals.

The Georgia Court of Appeals very rarely issues a per curiam opinion. Probably only one or two opinions a year are issued per curiam . The Court does, however, issue Rule 36 opinions, affirmances without opinion, in civil matters.

If you have any questions regarding my responses to the survey, please do not hesitate to contact.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure

cc:	Chief Judge Gary B. Andrews

State Georgia

Name of Person Completing Form William L. Martin, III

Telephone Number of Person Completing Form (404) 657-8352

(1)	Is your intermediate appellate court:

(a)	statewide?

(b)	divided into geographic districts? If so, how many?

(c)	divided by subject matter? If so, how many?

(2)	Are divisions employed in any of your appellate courts? If so, circle all that apply:

(a)	geographic

(b)	subject matter

(c)	administrative (for division of workload)

(d)	other

(3)	What is the total number of filings and dispositions in intermediate appellate courts for

calendar years 1996 and 1997?

See attached Annual Report and Case Workload Summary.

Filings	Dispositions

1996

1997

(4)	How many intermediate appellate judges does your state have? Ten (10).

(5)	Are all appellate opinions published?

No. See Rule 33(b) and Case Workload Summary 1991-1997 (both attached).

If not, approximately what percentage are published?

Is there any page limitation on the length of published opinions? No.

(6)	Do your state's intermediate appellate courts have:

(a)	central legal staff?

(b)	law clerks assigned to the judges?

(7)	Do law clerks prepare opinion drafts?

(a)	yes

(b)	no

(c)	depends on the judge

(8)	Do your intermediate appellate courts use affirmances without opinion?

Yes. See attached Rule 36.

If so, what percentage of opinions fall in this category?

See Case Workload Summary 1991-1997

1995 approximately 8%

1996 approximately 3.5%

1997 approximately 2%

(9)	Does your state have a rule or statue which permits appellate disposition of certain cases

without briefs being filed? [Note: For example, when counsel moves to withdraw from a

no-merit criminal appeal under Anders v. California, 386 U.S. 738 (1967), and the

motion is well taken, the appeal is not fully briefed. Similarly, where there has been a

summary denial of a motion for postconviction relief, Florida provides for an appeal on

an abbreviated record in which there will not be full briefing unless ordered by the court.]

No.

What percentage of cases are fully briefed?

Briefs are required in all cases. Briefs may not be filed if a case is dismissed

before briefs are due. This information is not available.

(10)	Does your state have any statutes, rules, or constitutional provisions on the issue of:

(a)	when a judgment may be affirmed without opinion, and/or

See Rule 36 attached.

(b)	when an opinion must be written.

If so, please provide.

(11)	Does your state grant an automatic right of first appeal?

See Georgia Code Sections.

Official Code of Georgia Annotated §§5-6-34 and 5-6-35 (attached).

If not and across-the-board right, does it cover criminal, civil, and administrative appeals?

(Please circle applicable categories.)

See above.

(12)	In a no-merit criminal appeal where appointed counsel moves to withdraw under Anders

v. California, 386 U.S. 738 (1967), and the motion to withdraw is well taken, does the

intermediate appellate court affirm without opinion?

The Court does not affirm without opinion in criminal cases.

There are no "merit" appeals in criminal cases.

If not, how is the court's ruling issued?

(13)	When the intermediate appellate court affirms a summary denial of a motion for

postconviction relief (where the trial court has denied the motion for postconviction relief

without an evidentiary hearing), does the intermediate appellate court issue an affirmance

without opinion?

The Supreme Court has jurisdiction over habeas cases in Georgia.

Other postconviction relief matters, which are not criminal may be addressed

by a Rule 36 for affirmance without opinion.

If not, how does the intermediate appellate court issue its ruling?

(14)	In appeals without oral argument, do the assigned panel members meet to discuss the

case?

It depends upon the division of the Court and the case under consideration.

Please return to:

Committee on Per Curiam Affirmed Decisions

c/o Greg Youchock

Office of the State Courts Administrator

Supreme Court Bldg.

500 S. Duval St.

Tallahassee, FL 32399

FAX: (850) 414-1342