CARLTON SMITH v. CHRISTOPHER CARR

Court of Appeals of Georgia

CARLTON SMITH v. CHRISTOPHER CARR

DecidedApril 29, 2022

DocketA22A1310

StatusPublished

This text of CARLTON SMITH v. CHRISTOPHER CARR (CARLTON SMITH v. CHRISTOPHER CARR) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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CARLTON SMITH v. CHRISTOPHER CARR, (Ga. Ct. App. 2022).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 29, 2022

The Court of Appeals hereby passes the following order:

A22A1310. CARLTON SMITH v. CHRISTOPHER CARR et al.

In 1993, Carlton Smith was convicted of aggravated sodomy, robbery, and other crimes, for which he was sentenced to life imprisonment plus 20 years. In 2018, Smith filed his sixth petition for habeas corpus seeking to challenge his 1993 convictions. The trial court dismissed the petition as untimely and successive.1 Thereafter, Smith filed a petition for mandamus against Christopher Carr and Judge John Turner, alleging that they denied him due process in his state habeas proceedings. Carr and Turner filed a motion to dismiss the mandamus petition, which the trial court granted. Smith then filed this direct appeal. Carr and Turner filed a motion to dismiss the appeal for failing to follow the discretionary appeal procedures. Although judgments and orders granting or refusing to grant mandamus are generally directly appealable under OCGA § 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Jones v. Townsend, 267 Ga. 489, 490 (480 SE2d 24) (1997). Because Smith is incarcerated, he was required to file an application for discretionary appeal in order to appeal the civil mandamus ruling. See Brock v. Hardman, 303 Ga. 729, 731 (2) (814 SE2d 736) (2018). For this reason, we lack jurisdiction over this direct appeal. Accordingly, Carr and Turner’s motion to dismiss is GRANTED, and this

1 The Supreme Court of Georgia also denied his application for certificate of probable cause to appeal the denial of habeas corpus. Case No. S20H0794 (decided June 29, 2020). appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/29/2022 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.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 29, 2022

The Court of Appeals hereby passes the following order:

A22A1310. CARLTON SMITH v. CHRISTOPHER CARR et al.

In 1993, Carlton Smith was convicted of aggravated sodomy, robbery, and other crimes, for which he was sentenced to life imprisonment plus 20 years. In 2018, Smith filed his sixth petition for habeas corpus seeking to challenge his 1993 convictions. The trial court dismissed the petition as untimely and successive.1 Thereafter, Smith filed a petition for mandamus against Christopher Carr and Judge John Turner, alleging that they denied him due process in his state habeas proceedings. Carr and Turner filed a motion to dismiss the mandamus petition, which the trial court granted. Smith then filed this direct appeal. Carr and Turner filed a motion to dismiss the appeal for failing to follow the discretionary appeal procedures. Although judgments and orders granting or refusing to grant mandamus are generally directly appealable under OCGA § 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Jones v. Townsend, 267 Ga. 489, 490 (480 SE2d 24) (1997). Because Smith is incarcerated, he was required to file an application for discretionary appeal in order to appeal the civil mandamus ruling. See Brock v. Hardman, 303 Ga. 729, 731 (2) (814 SE2d 736) (2018). For this reason, we lack jurisdiction over this direct appeal. Accordingly, Carr and Turner’s motion to dismiss is GRANTED, and this

1 The Supreme Court of Georgia also denied his application for certificate of probable cause to appeal the denial of habeas corpus. Case No. S20H0794 (decided June 29, 2020). appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/29/2022 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.

, Clerk.

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CARLTON SMITH v. CHRISTOPHER CARR, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlton-smith-v-christopher-carr-gactapp-2022.

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