Lawrence Edward Madison v. State

• Court: Court of Appeals of Georgia
• Decided: August 25, 2016
• Docket: A16A1346
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 18, 2016

The Court of Appeals hereby passes the following order:

A16A1346. LAWRENCE MADISON v. THE STATE

Lawrence Madison seeks to appeal an order dismissing his motion to recuse the judge presiding in his case. However, we lack jurisdiction. An appeal from a motion to recuse may only be taken by application for interlocutory appeal. See Murphy v. Murphy, 322 Ga. App. 829, 830 (747 SE2d 21) (2013); Ellis v. Stanford, 256 Ga. App. 294, 295-96 (2) (568 SE2d 157) (2002). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Because Madison failed to follow the required appellate procedure, this direct appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 08/18/2016 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.