Opinion
A23I0093
11-22-2022
HAKEEM ROSS v. THE STATE.
The Court of Appeals hereby passes the following order:
Hakeem Ross was originally charged with two counts of malice murder. Ross was granted a bond on the charges. The State subsequently indicted Ross with one count of malice murder, two counts of felony murder, and other charges. Ross filed a motion for bond on the newly indicted counts. The trial court denied the motion, and Ross filed this application for interlocutory appeal. We, however, lack jurisdiction.
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 (b), (c), and (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.