Justin Moore v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 08, 2022

The Court of Appeals hereby passes the following order: A22A1613. JUSTIN MOORE v. THE STATE.

In 2010, Justin Moore was convicted of felony murder and other crimes. Moore filed a motion for new trial, which the trial court denied. The Supreme Court affirmed. See Moore v. State, 294 Ga. 450 (754 SE2d 333) (2014). Moore then filed the underlying extraordinary motion for new trial, which the trial court dismissed. Moore appealed to this Court. He next filed a motion to transfer this appeal to the Supreme Court, contending that the Supreme Court has jurisdiction over the appeal. We agree. 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). Accordingly, the motion to transfer is GRANTED and this

appeal is hereby TRANSFERRED to the Supreme Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/08/2022 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.