Durden v. State, 250 Ga. 325, 326(1), 297 S.E.2d 237 (1982). Accord State v. Tyson, 273 Ga. 690(3), 544 S.E.2d 444 (2001). Here, there was ample evidence to support a reasonable belief by the arresting officers that both Pitchford and Oliver had participated in the burglary of Greene's home: the pair were clearly associates; Oliver was already suspected in the burglary and admitted to possessing the stolen laptop; Oliver stated that Pitchford had actually stolen it; Pitchford admitted to having been angry with the victim, providing a possible motive for the burglary; and both boys were loitering around the scene of the burglary and now murder, expressing unusual interest in and potential knowledge about the murder.

Georgia Constitution of 1877, Art. VI, Sec. II, Par. V (amended 1916). See State v. Tyson, 273 Ga. 690, 696, n. 23 ( 544 SE2d 444) (2001) (Benham, C. J., concurring in part and dissenting in part). This amendment was intended to ensure that the Supreme Court had ultimate authority to decide all cases in this State, despite the division of direct appeals between this Court and the Court of Appeals.

Accordingly, the trial court was authorized to find these four photographs were probative of the transaction which included the creation of State's Exhibit 52; the photographs were therefore relevant to Count 3, which charged Phillips with sexually exploiting K.L. Id. Furthermore, these four photographs were relevant to Phillips' intent on Count 1 of the indictment, which charged him with molesting C.L. by rubbing her vaginal area with the intent to satisfy his sexual desires. State v. Tyson, 273 Ga. 690, 694 (4) ( 544 SE2d 444) (2001). The trial court did not abuse its discretion in admitting the photographs.

Moreover, we are unpersuaded by Petitioner’s argument that he was entitled to petition the United States Supreme Court for certiorari review because the Georgia Supreme Court could have waived the untimeliness of his petition. The authority cited by Petitioner, State v. Tyson , 273 Ga. 690, 544 S.E.2d 444 (2001), does not support his position. In Tyson , the Georgia Supreme Court explained that:

Although the district attorney attempts to recast her complaint as a civil case, we again conclude that the underlying decisions that are being challenged in this declaratory judgmentaction are evidentiary rulings in criminal cases that are not subject to appeal. The State of Georgia has a limited right to appeal in criminal cases. State v. Tyson, 273 Ga. 690(1), 544 S.E.2d 444 (2001). OCGA § 5–7–1 sets out nine instances in which the State may file an appeal in a criminal case and does not provide for an appeal from the magistrate court's decision dismissing charges for lack of probable cause.

Moreover, such photographs were admissible because they could be linked to Appellant's pattern of homosexual relationships with the young African–American victims before their disappearance. See State v. Tyson, 273 Ga. 690, 694(4), 544 S.E.2d 444 (2001). 7. Appellant also requests that the allegations in the motion for new trial be incorporated by reference.

The Supreme Court has jurisdiction to review any decision of the Court of Appeals by certiorari so long as the criteria of the writ are satisfied. See State v. Tyson, 273 Ga. 690 ( 544 S.E.2d 444) (2001). The absence of a reported opinion does not prevent further review.

In OCGA § 5-7-1(a), the General Assembly has set forth only a limited right of appeal for the State in criminal cases. See State v. Tyson, 273 Ga. 690, 691(1) ( 544 S.E.2d 444) (2001). Accord Moody v. State, 272 Ga. 55, 56(2) ( 525 S.E.2d 360) (2000); Berky v. State, 266 Ga. 28, 30 ( 463 S.E.2d 891) (1995).

Gardhigh v. State , 309 Ga. 153, 162 (5) (b), 844 S.E.2d 821 (2020) (state is only authorized to appeal in circumstances listed in OCGA § 5-7-1 ). See also State v. Tyson , 273 Ga. 690, 693 (1), 544 S.E.2d 444 (2001) (state's right of certiorari under OCGA § 5-7-3 is limited to situations specified in OCGA § 5-7-1 ); Smith v. Gwinnett County , 246 Ga. App. 865, 867 (1) (b), 542 S.E.2d 616 (2000) ("proper procedure for appealing decisions from a county's recorder's court is by certiorari to the superior court"). Cf. OCGA § 5-7-1 (a), (c) (granting the state the right to appeal a superior court order transferring a case to the juvenile court under certain statutes).

See Heck v. State, 313 Ga.App. 571, 577(2)(a), 722 S.E.2d 166 (2012) (concluding in a child molestation case “that the trial court did not err in finding that the nudist colony videotapes and the brochure were relevant to [the defendant's] bent of mind, nor d[id] we find any abuse of discretion in admitting this evidence at trial, with its significance to be determined by the jury”). Cf. State v. Tyson, 273 Ga. 690, 694(4), 544 S.E.2d 444 (2001) (declining to reverse a “conviction based on the possibility that [some] evidence, a nudist camp magazine, could not be linked to the crime charged”). See Moore v. State, 278 Ga. 397, 400(2)(e), 603 S.E.2d 228 (2004) (the failure to make a meritless objection is not evidence of ineffective assistance).