Arthur Clark v. State

Court of Appeals of the State of Georgia November 24, 2021 ATLANTA,____________________ The Court of Appeals hereby passes the following order: A22A0509. ARTHUR CLARK v. THE STATE. In 2016, Arthur Clark was convicted of multiple offenses, including felony murder, and was sentenced to life in prison. The Supreme Court affirmed the convictions. See Clark v. State, 306 Ga. 367 ( 829 SE2d 306 ) (2019). In October 2020, Clark filed a pro se extraordinary motion for a new trial. The trial court denied the motion, and Clark appeals. We, however, lack jurisdiction. 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 felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (c), (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 “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, 764 ( 740 SE2d 124 ) (2013) (appeal from denial of motion attacking murder convictions as void). Accordingly, Clark’s appeal is hereby TRANSFERRED to the Supreme Court for disposition. Court of Appeals of the State of Georgia 11/24/2021 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.