Opinion
S23C1127
02-20-2024
ALFREDO CAPOTE v. THE STATE.
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
ALFREDO CAPOTE v. THE STATE.Court of Appeals Case No. A23A0120
The Supreme Court today granted the writ of certiorari in this case as case No. S23G1127.
This case will be assigned to the May 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Is this Court's precedent interpreting the "clearly erroneous" standard of review of factual findings in criminal cases, which equates that standard with the "any evidence" standard, correctly decided?
In answering this question, please address what effect, if any, the inclusion of the term "appellate jurisdiction" in the Georgia Constitution has on the "clearly erroneous" standard of review for appellate courts in criminal cases; what effect, if any, the past or present text of Federal Rule of Civil Procedure 52 has on the meaning of the phrase "clearly erroneous" in OCGA § 9-11-52 (a); and whether Federal Rule of Civil Procedure 52 or OCGA § 9-11-52 (a) informs the meaning of the "clearly erroneous" standard of review for appellate courts in criminal cases.
2. If this Court's precedent on the "clearly erroneous" standard is not correctly decided, should it be overruled?
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justice concur.