Opinion
A22A1447
06-28-2022
MICHAEL DARNELL HARVEY v. THE STATE.
In 2010, Michael Darnell Harvey was convicted of murder and other crimes. He now seeks an out-of-time appeal in this Court. The Supreme Court, however, has jurisdiction over his case.
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"), 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.