Lashunda Harvard v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ November 09, 2016 The Court of Appeals hereby passes the following order: A17I0073. LASHUNDA HARVARD v. THE STATE. Lashunda Harvard sought the recusal of the trial judge to whom her case had been assigned. By order entered October 24, 2016, the trial judge denied the motion. Harvard sought a certificate for immediate review in accordance with OCGA § 5-6-34 (b), but that request was denied. Harvard nonetheless filed this application for interlocutory appeal requesting review of the denial of her motion to recuse in accordance with Braddy v. State, 316 Ga. App. 292 ( 729 SE2d 461 ) (2012). In Braddy, this Court held that an order denying a motion to recuse was directly appealable under the collateral order doctrine and therefore no certificate of immediate review was required. Braddy, supra at 293 (1). However, Braddy was explicitly overruled by this Court in Murphy v. Murphy, 322 Ga. App. 829, 831-832 ( 747 SE2d 21 ) (2013) (finding the collateral order doctrine does not apply to motions to recuse because OCGA § 5-6-34 (b) provides that “the denial of a defendant’s motion to recuse in a criminal case” requires a certificate of immediate review.) Thus, Harvard was required to obtain a certificate of immediate review for appellate review of the order denying her motion to recuse. Harvard’s failure to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) deprives this Court of jurisdiction to consider this application, which is hereby DISMISSED. Court of Appeals of the State of Georgia 11/09/2016 Clerk’s Office, Atlanta,____________________ 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.