CopyCited 51 times | Published | Supreme Court of Georgia | Jun 21, 2021 | 312 Ga. 60
CopyCited 41 times | Published | Supreme Court of Georgia | Mar 5, 2018
...from the trial court’s order
denying his “Objection to Order Denying Defendants Motion for Disclosure
Grand Jury Testimony and Evidence,” we address the scope of this Court’s
appellate jurisdiction in light of the changes imposed by OCGA §
15-3-3.1 on
appeals filed after January 1, 2017....
...death was imposed or could be imposed and those cases concerning
the execution of a sentence of death; (5) All divorce and alimony
cases; and (6) All other cases not reserved to the Supreme Court or
conferred on other courts. . . .
OCGA §
15-3-3.1 (a); Ga....
...2 (596 SE2d 587) (2004), or to correct the
transcript in a murder case, Smith v. State,
289 Ga. 839 (716 SE2d 143) (2011),
have been determined by this Court to lie within the scope of its murder
jurisdiction.
Prior to the enactment of OCGA §
15-3-3.1, if an appeal in a murder case
invoked our equity or extraordinary remedy jurisdiction, it was not necessary to
decide which provision of the Constitution established jurisdiction in this Court.
We retained such appeals in murder cases without the necessity of clarifying the
provision under which we did so. But with the transfer of most equity and
extraordinary remedies jurisdiction to the Court of Appeals by OCGA §
15-3-3.1 (a) (2) and (4), some clarification is necessary, particularly in light of
the Court of Appeals’ decision in Coles, supra.
There, the Court of Appeals considered a prisoner’s appeal from the denial...
...provisions of OCGA §
42-12-8, the Court of Appeals pretermitted the question of appellate subject
matter jurisdiction, instead dismissing that appeal because the notice of appeal
was not timely filed. Id. at 492 (2).
The language of OCGA §
15-3-3.1 (a) (2) and (4), excluding from Court
of Appeals jurisdiction those cases concerning proceedings “in which a sentence
of death was imposed or could be imposed,” duplicates the constitutional...
CopyCited 41 times | Published | Supreme Court of Georgia | Mar 5, 2018
...In Sylvester Henderson's pro se appeal from the trial court's order denying his "Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence," we address the scope of this Court's appellate jurisdiction in light of the changes imposed by OCGA §
15-3-3.1 on appeals filed after January 1, 2017....
...hich a sentence of death was imposed or could be imposed and those cases concerning the execution of a sentence of death; (5) All divorce and alimony cases; and (6) All other cases not reserved to the Supreme Court or conferred on other courts.
OCGA §
15-3-3.1 ; Ga....
...810, 811 n.2,
596 S.E.2d 587 (2004), or to correct the transcript in a murder case, Smith v. State,
289 Ga. 839,
716 S.E.2d 143 (2011), have been determined by this Court to lie within the scope of its murder jurisdiction.
Prior to the enactment of OCGA §
15-3-3.1, if an appeal in a murder case invoked our equity or extraordinary remedy jurisdiction, it was not necessary to decide which provision of the Constitution established jurisdiction in this Court. We retained such appeals in murder cases without the necessity of clarifying the provision under which we did so. But with the transfer of most equity and extraordinary remedies jurisdiction to the Court of Appeals by OCGA §
15-3-3.1 (2) and (4), some clarification is necessary, particularly in light of the Court of Appeals' decision in Coles, supra.
There, the Court of Appeals considered a prisoner's appeal from the denial of a post-conviction copy of the transcript of his murder trial at public expense....
...ions of OCGA §
42-12-8, the Court of Appeals pretermitted the question of appellate subject matter jurisdiction, instead dismissing that appeal because the notice of appeal was not timely filed. Id. at 492 (2),
477 S.E.2d 897.
The language of OCGA §
15-3-3.1 (2) and (4), excluding from Court of Appeals jurisdiction those cases concerning proceedings
"in which a sentence of death was imposed or could be imposed," duplicates the constitutional language under which this Court has taken jurisdiction over matters that arise in the course of a murder case....
CopyCited 39 times | Published | Supreme Court of Georgia | May 21, 2018
...We first address whether we have
jurisdiction over the appeal arising from this civil action. We conclude that this
appeal arises from an extraordinary remedies case “concerning proceedings in
which a sentence of death was imposed or could be imposed,” and thus we have
jurisdiction under OCGA §
15-3-3.1 (a) (4)....
...763, 764 (778 SE2d 193) (2015).
Our Constitution provides that we have appellate jurisdiction over “[a]ll cases
involving extraordinary remedies” unless otherwise provided by law. Ga. Const.
of 1983, Art. VI, Sec. VI, Par. III (5). Until the enactment of OCGA §
15-3-3.1,
we had appellate jurisdiction over all cases involving extraordinary remedies.
See Ga. Assn. of Professional Process Servers v. Jackson,
302 Ga. 309, 310 n.1
(806 SE2d 550) (2017). But when OCGA §
15-3-3.1 became effective on
January 1, 2017, our jurisdiction in this area narrowed greatly....
...And such a separate action plainly is not.
4
those cases concerning the execution of a sentence of death”; the Court of
Appeals now has appellate jurisdiction over all other extraordinary remedy
cases. OCGA §
15-3-3.1 (a) (4); Ga....
...murder case for the purpose of challenging that conviction is a case “concerning
[the] proceedings” in which a sentence of death could have been imposed.
Therefore, this is an appeal arising from an extraordinary remedy case, and we
retain jurisdiction under OCGA §
15-3-3.1 (a) (4).
5
2....
CopyCited 38 times | Published | Supreme Court of Georgia | May 21, 2018
...We first address whether we have jurisdiction over the appeal arising from this civil action. We conclude that this appeal arises from an extraordinary remedies case "concerning proceedings in which a sentence of death was imposed or could be imposed," and thus we have jurisdiction under OCGA §
15-3-3.1 (a) (4)....
...763, 764,
778 S.E.2d 193 (2015). Our Constitution provides that we have appellate jurisdiction over "[a]ll cases involving extraordinary remedies" unless otherwise provided by law. Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (5). Until the enactment of OCGA §
15-3-3.1, we had appellate jurisdiction over all cases involving extraordinary remedies. See Ga. Assn. of Professional Process Servers v. Jackson,
302 Ga. 309, 310 n.1,
806 S.E.2d 550 (2017). But when OCGA §
15-3-3.1 became effective on January 1, 2017, our jurisdiction in this area narrowed greatly....
...We now have appellate jurisdiction only in extraordinary remedy "cases concerning proceedings in which a sentence of death was imposed or could be imposed and those cases concerning the execution of death"; the Court of Appeals now has appellate jurisdiction over all other extraordinary remedy cases. OCGA §
15-3-3.1 (a) (4) ; Ga....
...r the purpose of challenging that conviction is a case "concerning [the] proceedings" in which a sentence of death could have been imposed. Therefore, this is an appeal arising from an extraordinary remedy case, and we retain jurisdiction under OCGA §
15-3-3.1 (4).
2....
CopyCited 30 times | Published | Supreme Court of Georgia | Mar 18, 2025 | 321 Ga. 330
...Moreover, when a superior court
judge enters an order on a petition for writ of mandamus, the appeal should
generally be directed to the Court of Appeals because, as explained in Division
2, it has appellate jurisdiction over most cases involving extraordinary
remedies. See OCGA §
15-3-3.1 (a) (4).
14
Ga....
...h a sentence of death was
imposed or could be imposed,” and all equity cases and cases
involving extraordinary remedies related to cases in which a
sentence of death was or could be imposed. Ga. Const. of 1983, Art.
VI, Sec. VI, Par. III; OCGA §
15-3-3.1 (a) (2), (4).9
9 We also have jurisdiction to answer questions of law from any state
appellate court or any federal district or appellate court and over cases from
the Court of Appeals in certain situations....
...Given that this Court has appellate
jurisdiction over only a small subset of all civil cases, we cannot
presume that the case he seeks to file would invoke this Court’s
appellate jurisdiction. See Ga. Const. of 1983, Art. VI, Sec. VI, Pars.
II and III; OCGA §
15-3-3.1....
...See Ga. Const. of 1983, Art. VI, Sec. VI, Par.
III; OCGA §
9-6-1 et seq. However, the Act placed appellate jurisdiction over
most cases involving extraordinary remedies in the Court of Appeals beginning
in 2017. Ga. L. 2016, pp. 885-886, § 3-1; OCGA §
15-3-3.1 (a) (4)....
CopyCited 19 times | Published | Supreme Court of Georgia | Dec 20, 2022
...r as a
direct appeal under Case No. S22A1099.
12
sentence of death was imposed or could be imposed and those cases
concerning the execution of a sentence of death[,]” which are
reserved to this Court. OCGA §
15-3-3.1 (a) (2) (enacted by Ga....
...See OCGA §
17-10-40 (a) (providing the procedure for
execution orders). Therefore, this case is both a case “concerning
proceedings in which a sentence of death was imposed” and a case
“concerning the execution of a sentence of death.” OCGA §
15-3-3.1
(a) (2). See Brock,
303 Ga. at 730-31 (1) (considering identical
exception language in OCGA §
15-3-3.1 (a) (4) to hold that “a
mandamus petition brought by a prisoner convicted of murder
claiming a right to free records of his murder case for the purpose of
challenging that conviction is a case ‘concerning (the) proceedings’
in w...
...See City of Waycross,
300 Ga.
at 111 (1) (“[T]he trial court must make a judgment call regarding
the equities presented, and the court is vested with broad discretion
in making that decision.” (citation and punctuation omitted)).
Jurisdiction is properly in this Court under OCGA §
15-3-3.1 (a) (2)
because equitable principles were at the core of the trial court’s
determination as to whether to grant the Appellees’ motion for an
interlocutory injunction, that interlocutory injunction is the primary
issue on appeal, a...
CopyCited 11 times | Published | Supreme Court of Georgia | Mar 5, 2018
...The superior court consolidated
the two actions.
2
Calhoun did not join Mary’s motion. Because the notice of appeal was filed before January
1, 2017, this Court has appellate jurisdiction in this will case. See Ga. Const. of 1983, Art. VI, Sec.
VI, Par. III (3); OCGA §
15-3-3.1 (a) (3); Ga....
CopyCited 11 times | Published | Supreme Court of Georgia | Mar 5, 2018
...The superior court consolidated the two actions.
Calhoun did not join Mary's motion. Because the notice of appeal was filed before January 1, 2017, this Court has appellate jurisdiction in this will case. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (3); OCGA §
15-3-3.1 (a) (3) ; Ga....
CopyCited 10 times | Published | Supreme Court of Georgia | Mar 5, 2018
...seeking modification of visitation and child support.
We note that a notice of appeal was filed from the judgment entered in that proceeding, but because
it was filed after January 1, 2017, the case was transferred to the Court of Appeals. See OCGA §
15-3-3.1....
CopyCited 10 times | Published | Supreme Court of Georgia | Mar 5, 2018
...seeking modification of visitation and child support. We note that a notice of appeal was filed from the judgment entered in that proceeding, but because it was filed after January 1, 2017, the case was transferred to the Court of Appeals. See OCGA §
15-3-3.1....
CopyCited 8 times | Published | Supreme Court of Georgia | Nov 14, 2017 | 807 S.E.2d 455
...m Act of 2016 gives the Court of Appeals subject matter jurisdiction over “[cjases involving title to land” in which a notice of appeal or application to appeal is filed on or after January 1, 2017. Ga. L. 2016, p. 883, §§3-1 (codified at OCGA §
15-3-3.1 (a) (1)), 6-1 (c) (effective date)....
CopyCited 6 times | Published | Supreme Court of Georgia | Mar 5, 2018
...563, 569-570 (722 SE2d 765) (2012) (Hunstein, C. J., concurring),
including appeals from collateral orders in murder cases. See State v. Murray,
286 Ga. 258,
259 (1) (687 SE2d 790) (2009). We also have jurisdiction of appeals from injunctions
“concerning proceedings in [murder cases].” OCGA §
15-3-3.1 (a) (2).
7
F3d 920, 926 (II) (B) (5th Cir....
CopyCited 6 times | Published | Supreme Court of Georgia | Mar 5, 2018
...563, 569-570,
722 S.E.2d 765 (2012) (Hunstein, J., concurring), including appeals from collateral orders in murder cases. See State v. Murray,
286 Ga. 258, 259,
687 S.E.2d 790 (2009). We also have jurisdiction of appeals from injunctions "concerning proceedings in [murder cases]." OCGA §
15-3-3.1 (a) (2).
We note that we previously have looked to federal cases for guidance in assessing standing under Georgia law....
CopyCited 5 times | Published | Supreme Court of Georgia | Aug 24, 2021
...extensions of time for filing in appellate proceedings must be filed before the
expiration of the period for filing as originally prescribed or as extended by a
permissible previous order).
4 See Ga. Const. of 1983, Art. VI, Sec. VI, Pars. II, III; OCGA §
15-3-3.1.
5 See OCGA §
5-6-34 (a) (Direct appeals are authorized from “[a]ll final
judgments, that is to say, where the case is no longer pending in the court
below, except as provided in Code Section
5-6-35[.]”); Simmons v....
CopyCited 4 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 379
...ect matter jurisdiction over “[a]ll divorce and alimony cases” in which a notice of appeal or application to appeal is filed on or after January 1, 2017. Appellate Jurisdiction Reform Act of 2016, Ga. L. 2016, p. 883, §§ 3-1 (codified at ÓCGA §
15-3-3.1 (a) (5)), 6-1 (c); Merrill v....
CopyCited 3 times | Published | Supreme Court of Georgia | Nov 2, 2020 | 310 Ga. 358
...301, 304 (788 SE2d 405)
(2016), and because challenges to the correctness of this Court’s
decisions do not fall within the scope of this Court’s subject matter
jurisdiction, see generally Ga. Const. of 1983, Art. VI, Sec. VI, Par.
II and III; OCGA §
15-3-3.1, appellant’s equal protection argument
fails to invoke this Court’s appellate jurisdiction....
CopyCited 3 times | Published | Supreme Court of Georgia | Dec 11, 2017 | 808 S.E.2d 669
...ject matter jurisdiction over “[a]ll divorce and alimony cases” in which a notice of appeal or application to appeal is filed on or after January 1, 2017. Appellate Jurisdiction Reform Act of 2016, Ga. L. 2016, p. 883, §§ 3-1 (codified at OCGA §
15-3-3.1 (a) (5)), 6-1 (c); Merrill v....
CopyCited 2 times | Published | Supreme Court of Georgia | Jan 17, 2024
...See generally City of
Decatur v. DeKalb County,
284 Ga. 434, 435-437 (668 SE2d 247)
(2008).
Accordingly, as there is no other basis for the exercise of this
Court’s jurisdiction over this appeal, see Ga. Const. of 1983, Art. VI,
Sec. VI, Par. II-III; OCGA §
15-3-3.1, it is transferred to the Court
of Appeals....
Published | Supreme Court of Georgia | Jun 24, 2025
...Hardman,
303 Ga. 729, 729 (814 SE2d 736) (2018) (“We conclude that this appeal arises
from an extraordinary remedies case ‘concerning proceedings in which a
sentence of death was imposed or could be imposed,’ and thus we have
jurisdiction under OCGA §
15-3-3.1 (a) (4).”); Henderson v....
