Opinion
A22A1126
04-05-2022
TIMOTHY WOODARD v. DEBBIE BROOKS.
The Court of Appeals hereby passes the following order:
Prisoner Timothy Woodard filed this original mandamus petition, naming as respondent Debbie Brooks, Clerk of Spalding County Superior Court. Woodard contends that he filed a habeas corpus action in the superior court, which was subsequently dismissed. According to Woodard, he appealed the dismissal order in November 2021, but the superior court failed to transmit the record. Woodard seeks an order of compelling the superior court to transmit the record to this Court.
Under our Constitution, the Supreme Court has exclusive appellate jurisdiction over all habeas corpus cases. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (4). Because Woodard seeks to compel transmission of a habeas appeal, it appears jurisdiction may lie in the Supreme Court. As the Supreme Court has the ultimate responsibility for determining appellate jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 S.E.2d 587) (1996), this application is hereby TRANSFERRED to the Supreme Court for disposition.