In the Interest Of: E. H., a Child

Court of Appeals of Georgia

In the Interest Of: E. H., a Child

DecidedNovember 21, 2016

DocketA17A0573

StatusPublished

This text of In the Interest Of: E. H., a Child (In the Interest Of: E. H., a Child) 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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In the Interest Of: E. H., a Child, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 17, 2016

The Court of Appeals hereby passes the following order:

A17A0573. IN THE INTEREST OF: E. H., A CHILD.

E. H. has filed a direct appeal from the juvenile court’s order transferring his delinquency case to superior court for prosecution. We lack jurisdiction. Because E. H.’s delinquency petition was filed after January 1, 2014, OCGA § 15-11-564 of Georgia’s new Juvenile Code required that he comply with the interlocutory appeal procedures found in OCGA § 5-6-34 (b). That statute provides that the decision of the juvenile court regarding transfer “shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals.” OCGA § 15-11-564 (a); see also id. § 15-11-564 (b) (“The pendency of an interlocutory appeal shall stay criminal proceedings in superior court.”).1 When the order appealed from is interlocutory, we do not acquire jurisdiction unless the procedure for interlocutory appeal is followed, which includes obtaining a certificate of immediate review. Griffith v. Ga. Bd. of Dentistry, 175 Ga. App. 533, 533 (333 SE2d 647) (1985). E. H.’s failure to comply with the interlocutory appeal procedures deprives us of jurisdiction. Accordingly, this appeal is hereby DISMISSED.

1 The statutory language that the child and the prosecuting attorney “have the right” to have an interlocutory appeal reviewed by this Court means that, while a child or prosecuting attorney must obtain a certificate of immediate review before filing an application for interlocutory appeal of a transfer order with this Court, the juvenile court lacks discretion to deny such a certificate in this specific context. Court of Appeals of the State of Georgia 11/17/2016 Clerk’s Office, Atlanta,____________________ 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,____________________ November 17, 2016

The Court of Appeals hereby passes the following order:

A17A0573. IN THE INTEREST OF: E. H., A CHILD.

E. H. has filed a direct appeal from the juvenile court’s order transferring his delinquency case to superior court for prosecution. We lack jurisdiction. Because E. H.’s delinquency petition was filed after January 1, 2014, OCGA § 15-11-564 of Georgia’s new Juvenile Code required that he comply with the interlocutory appeal procedures found in OCGA § 5-6-34 (b). That statute provides that the decision of the juvenile court regarding transfer “shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals.” OCGA § 15-11-564 (a); see also id. § 15-11-564 (b) (“The pendency of an interlocutory appeal shall stay criminal proceedings in superior court.”).1 When the order appealed from is interlocutory, we do not acquire jurisdiction unless the procedure for interlocutory appeal is followed, which includes obtaining a certificate of immediate review. Griffith v. Ga. Bd. of Dentistry, 175 Ga. App. 533, 533 (333 SE2d 647) (1985). E. H.’s failure to comply with the interlocutory appeal procedures deprives us of jurisdiction. Accordingly, this appeal is hereby DISMISSED.

1 The statutory language that the child and the prosecuting attorney “have the right” to have an interlocutory appeal reviewed by this Court means that, while a child or prosecuting attorney must obtain a certificate of immediate review before filing an application for interlocutory appeal of a transfer order with this Court, the juvenile court lacks discretion to deny such a certificate in this specific context. Court of Appeals of the State of Georgia 11/17/2016 Clerk’s Office, Atlanta,____________________ 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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In the Interest Of: E. H., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-e-h-a-child-gactapp-2016.

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