Opinion
A24A0207
09-01-2023
DIANTE LAMONT THOMPSON v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Diante Lamont Thompson guilty of malice murder and other crimes. Following the denial of his motion for new trial, Thompson appealed to this Court. He has filed a motion transfer his appeal to the Supreme Court.
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 in the Supreme Court. See OCGA § 16-5-1 (a), (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, Thompson's motion to transfer is hereby GRANTED and this appeal is hereby TRANSFERRED to the Supreme Court for disposition.
I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court hereto affixed the day and year last above written.