Opinion
A22D0225
02-01-2022
JOSHTAVIE WATERS v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2013, Joshtavie Waters was convicted of multiple offenses, including murder, and was sentenced to life in prison. The trial court permitted Waters to pursue an out-of-time motion for new trial, which the trial court denied on April 25, 2017. Waters seeks discretionary review of the 2017 order. 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 (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 "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). The Supreme Court's jurisdiction over murder cases includes appeals from orders resolving post-judgment motions in such cases. See Simpson v. State, 292 Ga. 764, 764 (740 S.E.2d 124) (2013) (appeal from denial of motion attacking murder convictions as void).
Accordingly, Waters' application is hereby TRANSFERRED to the Supreme Court for disposition.