Law Office of
Georgia K. McMillen                                                   (808) 242-4343

Appeals & Post-Judgment Relief
 
Ms. McMillen has represented clients in criminal and civil appeals in both state of federal courts, including the Hawai`i state appellate courts and the U.S. Court of Appeals for the Ninth Circuit, for more than 35 years. 

Her work in federal criminal defense cases has included appeals from some of the most complex prosecutions in Hawaii's federal court history, including convictions for selling military stealth technology to foreign governments, and for racketeering convictions related to Hawaii’s billion-dollar illegal gambling industry.  She has also represented clients in appeals involving: tax fraud and evasion; mortgage fraud; immigration fraud; immigration offenses; misuse of public funds; alien smuggling; mail fraud; wire fraud; drug trafficking. In addition, she has represented clients seeking other forms of post-judgment relief including habeas corpus petitions, applications for commutation, motions for sentence reduction under Rule 35 of the Federal Rules of Criminal Procedure, and motions for post-judgment relief under Rule 60 of the Hawai`i Family Court Rules.  

The snapshot descriptions below represent a small sampling of the cases she has handled.  You may see in these snapshots circumstances similar to those you are facing.  Please note that these case results do not guarantee the same or similar result for your case.  These snapshots are not a guarantee, warranty, prediction or assurance concerning results that could be obtained in your case. Every client and case, and the outcome of the case, is dependent on the unique facts of each client and case.

Representative cases include:

U.S. Court of Appeals for the Ninth Circuit.  In four different criminal appeals, vacated unconstitutional portions of the sentence concerning conditions of supervised release.

U.S. Court of Appeals for the Ninth Circuit.  In a criminal appeal, challenged the legality of restitution provisions in the final judgment after conviction for embezzlement and fraud.

U.S. Court of Appeals for the Ninth Circuit.  In a criminal appeal after conviction for espionage-related charges, money laundering and tax fraud, challenged the constitutionality of the convictions based on statements the defendant made to federal investigators without the benefit of legal counsel present.

U.S. Court of Appeals for the Ninth Circuit.  In a criminal appeal, challenged conviction on two counts of murder-in-aid of racketeering and the resulting life sentence without the possibility of parole, on the ground that the lower court violated appellant’s sixth amendment right to counsel.

U.S. Court of Appeals for the Ninth Circuit.  In a criminal appeal, vacated appellant's sentence under the theory of sentencing entrapment in a drug distribution case relating to a large federal sting operation in Hawai`i. 

U.S. Court of Appeals for the Ninth Circuit.  In a prison civil rights appeal, challenged the lower court's granting of a summary judgment motion in light of the grievous injuries the appellant/inmate suffered after assault by prison guards.

Supreme Court of the State of Hawai`i.  In a termination of parental rights case, vacated the family court’s denial of biological father’s motion to intervene.

Intermediate Court of Appeals Hawai`i.  In an appeal of a divorce judgment, vacated portions of the judgment concerning the equitable division of the assets and debts, and child support. 

Intermediate Court of Appeals Hawai`i.  In an appeal of conviction for abuse of a family and household member, vacated the conviction on the ground that the trial court violated the defendant’s constitutional right to testify in her own defense.

Intermediate Court of Appeals Hawai`i.  In an appeal of conviction for abuse of a family and household member, vacated the conviction on the grounds that the trial court violated the defendant's constitutional right to testify in his own defense and to allocute before the court imposed sentence.

United States District Court for the District of Hawai`i.  Under Rule 35 of the Federal Rules of Criminal Procedure, successfully pursued a motion for reduction of sentence for assistance to the government.