Cortez Carter v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 10, 2023

The Court of Appeals hereby passes the following order: A23A0771. CORTEZ CARTER v. THE STATE.

In 2004, a jury convicted Cortez Carter of malice murder and robbery, for which he was sentenced to life imprisonment. Carter filed a motion for new trial, which the trial court denied. The Supreme Court of Georgia affirmed the convictions. See Carter v. State, 283 Ga. 76 (656 SE2d 524) (2008). Carter subsequently filed a motion to vacate a void sentence and extraordinary motion for new trial, which the trial court dismissed. Carter appealed to this Court. Carter has filed a motion to transfer to the Supreme Court. The Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death may be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 SE2d 711) (1984) (directing this Court to transfer to the Supreme Court “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 SE2d 265) (2019). The Supreme Court’s jurisdiction over murder cases includes appeals from orders resolving post-judgment motions in such cases. See Simpson v. State, 292 Ga. 764 (740 SE2d 124) (2013) (appeal from denial of a motion in arrest of judgment attacking murder convictions as void).

Accordingly, Carter’s motion to transfer is GRANTED and this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/10/2023 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.