ATLANTA, Ga. (WALB) - The attorneys for the man charged with murder in the death of Tara Grinstead have filed another appeal to the Georgia Supreme Court.
Duke’s attorneys have filed an application for interlocutory review. An interlocutory review is defined as an appeal made while the trial in the matter is still ongoing and asks an appellate court to review a decision made by a trial court.
Duke’s attorneys are asking the court to appeal Irwin County Superior Court’s decision to not grant his legal counsel state funding for experts and an investigator.
“Mr. Duke believes the trial court’s interpretation of the (Georgia Indigent Defense) Act deprives Mr. Duke of his right to counsel and his right to the assistance of experts under the Sixth Amendment to the Constitution, and it sets a dangerous precedent that will ultimately deter lawyers in Georgia from volunteering to assist as pro bono counsel in complex criminal cases,” the appeal stated. “Pro bono lawyers add no cost to Georgia’s indigent defense system. To the contrary, these lawyers, while providing a valuable professional service to clients who need help, also help to alleviate the burdens on public defenders in Georgia.”