Opinion
A25A0191
08-27-2024
MILES COLLINS v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2022, Miles Collins was indicted on multiple charges including felony murder. In 2023, the trial court declared a mistrial, after which Collins filed a plea in bar. The court denied the plea in bar in May 2024, and Collins filed this pro se appeal.
The Supreme Court of Georgia 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 over this appeal lies in the Supreme Court. See OCGA § 16-5-1 (c), (e) (1); State v. Murray, 286 Ga. 258, 259 (1) (687 S.E.2d 790) (2009) (where the murder count of an indictment remains pending, jurisdiction of an appeal from a pre-conviction order lies in the Supreme Court); 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).
Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.