In Re: Brian Steel

• Court: Court of Appeals of Georgia
• Decided: June 12, 2024
• Docket: A24E0075
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 12, 2024

The Court of Appeals hereby passes the following order:

A24E0075. STEEL v. THE STATE.

Brian Steel filed an emergency motion in the Court of Appeals pursuant to Rule 40 (b),1 seeking relief from impending incarceration imposed upon him in connection with a trial court order holding him in criminal contempt.

The Supreme Court of Georgia has determined, however, that if a murder count in an indictment remains pending below, jurisdiction lies not with the Court of Appeals, but with the Supreme Court. State v. Murray, 286 Ga. 258, 259 (1) (687 SE2d 790) (2009). Specifically, “[i]f the underlying action is a murder case, [the Supreme] Court has jurisdiction of the appeal, regardless of whether the order being appealed is based on facts having some bearing on the underlying criminal trial. . . . Although the appeal in this case arises from a collateral order of contempt, it is undisputed that the nature of the underlying action is a criminal prosecution. It follows that the [emergency motion related to the] order of contempt is a matter lying within [the Supreme] Court’s jurisdiction. Id.

As the Supreme Court has the ultimate responsibility for determining appellate jurisdiction, see generally Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 SE2d 587) (1996), this emergency motion is hereby TRANSFERRED to the

1 Prior to filing the emergency motion in the Court of Appeals, Steel filed a similar motion, which remains pending, with the Supreme Court of Georgia. Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/12/2024 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.