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Alston & Bird Pro Bono Team Secures Precedent-Setting Victory Under the Georgia Survivor Justice Act

Burby, Joey

R. Joseph Burby, IV

Peter Cornick

Leila Knox

Asher Quesenberry

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 new 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.

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.

Boynton’s life sentence was vacated, and she was resentenced to time served. She was released from prison that day after spending twenty-three years behind bars. Notably, this is the first time a person serving an active sentence successfully petitioned to be resentenced under the SJA, which was enacted in May 2025. Ms. Boynton entered transitional housing, where she is receiving ongoing support, services, and coaching as she rebuilds her life. Her legal team, who have spent hundreds of hours advocating for her, were celebrated in court for their extraordinary commitment.

The courtroom was filled with emotion as the judge encouraged Ms. Boynton to share her powerful story and praised her bright future ahead. Witnessing Ms. Boynton raise her arms and declare, “I’m free!” was a moment none in attendance will forget. This outcome highlights the Survivor Justice Act’s profound impact and the collective advocacy that brought this legislation to life. It stands as a testament to what is possible when the legal system listens to, believes, and supports survivors.