Alston & Bird, in partnership with the Georgia Coalition Against Domestic Violence and its Justice for Incarcerated Survivors Program, secured a landmark win for a client under the Georgia Survivor Justice Act (SJA). The Alston & Bird team filed a petition for resentencing for pro bono client Nicole Boynton, who was convicted of felony murder and aggravated assault and sentenced to life in prison in 2002. Boynton, who was 18 years old at the time of her offense, had acted to protect herself from her abusive then-boyfriend and father of her son.
Notably, this is the first time a person serving an active sentence successfully petitioned to be resentenced under the SJA, which was enacted in 2025.
Boynton’s life sentence was vacated. She was resentenced to time served on January 5, 2026, by Judge Angela Brown in the Superior Court of Cobb County, Georgia, and released from prison.
Shortly before Boynton’s hearing, the Cobb County district attorney consented to the relief requested in the petition. The court ruled that Boynton was entitled to resentencing pursuant to the SJA, which recognizes that survivors of violence should not be condemned to spend their lives in prison for actions taken in the shadow of abuse; requires courts to consider evidence of family violence, dating violence, and child abuse; and mandates resentencing for individuals when such violence was a significant contributing factor to the offense.
Representing Boynton were partner Joey Burby, senior associates Erin Edwards, Peter Cornick, and Leila Knox, and associates Heeth Varnedoe and Asher Quesenberry (Litigation & Trial Practice).