Opinion
A22A1582
06-24-2022
DAVID LANE CAMPBELL v. THE STATE.
In 2009, David Lane Campbell plead guilty to murder and other crimes, for which he was sentenced to two consecutive life sentences, plus 65 years. In August 2021, Campbell filed an "Extraordinary Motion to Reduce/Modify Sentence," which the trial court denied. Campbell then filed a notice of appeal to this 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 S.E.2d 765) (2012) (Hunstein, C J, concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (322 S.E.2d 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, and all pre-conviction appeals in murder cases"), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 S.E.2d 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 S.E.2d 124) (2013) (appeal from denial of a motion in arrest of judgment attacking murder convictions as void). 1
Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition. 2