Davis v. State

Court of Appeals of Georgia

Davis v. State

817 S.E.2d 691

CourtCourt of Appeals of Georgia

DecidedJuly 25, 2018

DocketA16A1650

StatusPublished

This text of 817 S.E.2d 691 (Davis v. State) 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.

Bluebook

Davis v. State, 817 S.E.2d 691 (Ga. Ct. App. 2018).

Pincite

Opinion

Dillard, Chief Judge.

In State v. Davis ,¹ the Supreme Court of Georgia concluded that we lacked jurisdiction to consider this case because it addresses a constitutional question of first impression, and, therefore, our decision in Davis v. State² is a nullity. Accordingly, the Supreme Court vacated that decision; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction that the judgment of the trial court be reversed and the remittitur be transmitted with the Supreme Court's opinion.

Judgment reversed.

Reese and Bethel, JJ., concur.

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Dillard, Chief Judge.

In State v. Davis ,¹ the Supreme Court of Georgia concluded that we lacked jurisdiction to consider this case because it addresses a constitutional question of first impression, and, therefore, our decision in Davis v. State² is a nullity. Accordingly, the Supreme Court vacated that decision; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction that the judgment of the trial court be reversed and the remittitur be transmitted with the Supreme Court's opinion.

Judgment reversed.

Reese and Bethel, JJ., concur.

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Bluebook (online)

817 S.E.2d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-gactapp-2018.

Opinion

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