Mitchell Kyle Bieber v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 09, 2016

The Court of Appeals hereby passes the following order:

A16A1847. MITCHELL KYLE BIEBER v. THE STATE.

Mitchell Kyle Bieber pled guilty to several offenses, including murder. He subsequently filed a “Petition for Equitable Relief from Judgment Due to Fraud.” The trial court denied the motion, and Bieber filed this appeal. Under our Constitution, however, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of murder, jurisdiction is proper in the Supreme Court. See OCGA § 17-10-30 (b); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, J., concurring); see also State v. Thornton, 253 Ga. 524 (322 SE2d 711) (1984) (directing this Court to transfer “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). Accordingly, Bieber’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 06/09/2016

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.