Opinion
A22D0235
02-02-2022
ADRIAN DUDLEY v. THE STATE.
The Court of Appeals hereby passes the following order:
Proceeding pro se, Adrian Dudley filed a motion to suppress, which the trial court denied. He thereafter filed this discretionary application, seeking review of the trial court's order.
Based on the limited application materials, it appears that Dudley has been charged with murder. 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 appears to be 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).
Accordingly, this application is hereby TRANSFERRED to the Supreme Court for disposition.