Unified Appeal
IV. Review Proceedings

A. In the Superior Court

1. Within forty-five (45) days from the jury's verdict in the sentencing phase of the proceedings, the court reporter shall file with the superior court a complete transcript of all phases of the case unless the reporter has obtained an extension of time in writing from the judge who imposed the death sentence. No extension of time for filing the transcript shall exceed fifteen (15) days. For purposes of this rule, the term "complete transcript” shall include a complete transcription of: all pre-trial hearings; the selection of the jurors, including challenges for cause; the voir dire examination and the striking; the opening statements and closing arguments of counsel; the examination of the witnesses; all documentary evidence, including photographs; all oral motions (whether pre-trial, during trial or after trial) and all hearings on oral and written motions; all oral objections and all hearings on oral and written objections; all conferences and hearings of every description and for every purpose conducted between court and counsel, including all bench and chamber conferences; all oral stipulations of counsel; the charges of the court to the jury during the guilt-innocence and sentencing phases of the proceedings; the publication of the verdict and the polling of the jury; the pronouncement of sentence; and all oral comments, instructions, directions, admonitions, rulings and orders of the court in the case from the first proceeding through conclusion of the trial.
   1. The filing of a motion for new trial is not a procedural prerequisite for review by the superior court and Supreme Court. A defendant may, but is not required to file a motion for new trial. A defendant may elect to proceed either by motion for new trial or direct appeal, or may allow the case to be presented directly to the Supreme Court for review. The case nevertheless shall be considered by the Supreme Court.
   2. These rules shall not be construed so as to limit or restrict the grounds of review available through motion for new trial, motion to withdraw a guilty plea, direct appeal, writ of habeas corpus, or any other writ, motion, or proceeding cognizable in the courts of this state. It is, however, the purpose of these rules to insure that as many issues as possible which heretofore could be raised by writ of habeas corpus or other post-trial procedure are timely raised before or during trial.
   3. The procedures governing the writ of habeas corpus may be employed by any defendant to assert rights and seek remedies if the procedures established by these rules are inadequate or ineffective in any constitutional sense.
   4. It is not the intent of these rules to permit any issues to be raised or presented in the superior court or the Supreme Court that previously have been waived, procedurally defaulted, or abandoned pursuant to the laws of this state or of the United States.

    

2. Motion for new trial:

   The sole function of a motion for new trial shall be to bring to the attention of the superior court after imposition of sentence such grounds as defense counsel may wish the trial court to decide.

   1. When the court reporter files the complete transcript, as described above, he or she shall notify the trial judge and counsel. The hearing on the motion for new trial shall be taken down and transcribed by the reporter.
   2. Additional evidence may be heard under the rules applicable to extraordinary motions for new trial or otherwise as necessary to perfect the record and to rule upon the motion for new trial.
   3. The hearing on the motion for new trial shall not be limited to the grounds asserted by the defendant.
   4. Every defendant shall have the right to be represented by appointed or retained counsel in all matters and at all times during the pendency of a motion for new trial.
   5. Within twenty (20) days of the hearing by the trial court, the court reporter shall file with the trial court a complete transcript of the proceedings on the motion for new trial, unless the reporter has obtained an extension of time in writing from the judge who imposed the death sentence. No extension of time for filing the transcript shall exceed fifteen (15) days.

    

3. Transmission to the Supreme Court

   1. It shall be the duty of the superior court to transmit the entire record, the trial judge's questionnaire required by OCGA § 17-10-35 (a) (attached as appendix B to these rules) and the complete transcript, as defined in Section IV(A) above, to the Supreme Court for review regardless of whether a notice of appeal has been filed.
      1. If no review proceedings have been commenced in the superior court, the superior court shall transmit the case to the Supreme Court for review within ten (10) days of the filing by the official reporter of the complete transcript of trial.
      2. The superior court shall transmit the case to the Supreme Court for review within thirty (30) days from entry of an order denying a motion for new trial.
   2. Except as provided in these rules, the appeal shall be presented, heard and determined in accordance with the rules of the Supreme Court and the Appellate Practice Act.
      

B. In the Supreme Court

Review proceedings in the Supreme Court shall be conducted in accordance with the following rules:

1. At any time after the case is docketed in the Supreme Court, the superior court may be directed by the Supreme Court to conduct further hearings, to hold additional conferences for specified purposes, or to make additional findings of facts or conclusions of law in respect to issues raised by the parties on appeal or perceived by the Supreme Court although not asserted by the defendant or the state. Any such matter may be referred to the superior court for disposition according to a timetable established by order of the Supreme Court. The Supreme Court shall retain jurisdiction of the entire appeal, unless otherwise specified by order, notwithstanding the referral to the superior court, and may take such actions in respect thereto as are necessary or proper pending a decision by the superior court on the matter or matters referred.
2. In all cases, the Supreme Court shall determine whether the verdicts are supported by the evidence according to law. The Supreme Court, shall review each of the assertions of error timely raised by the defendant during the proceedings in the trial court regardless of whether an assertion of error was presented to the trial court by motion for new trial and regardless of whether error is enumerated in the Supreme Court. However, except in cases of plain error, assertions of error not raised on appeal shall be waived. The Supreme Court may direct defense counsel and the state to brief and argue any or all additional grounds.