Paul Brown v. State

Court of Appeals of Georgia

Paul Brown v. State

DecidedApril 27, 2017

DocketA17A1473

StatusPublished

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Bluebook

Paul Brown v. State, (Ga. Ct. App. 2017).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2017

The Court of Appeals hereby passes the following order:

A17A1473. PAUL BROWN v. THE STATE.

Paul Brown was convicted of malice murder and sentenced to life imprisonment. Brown appealed to this Court from his judgment of conviction. However, we lack jurisdiction. Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of malice murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (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, Brown’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2017 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,____________________ April 12, 2017

The Court of Appeals hereby passes the following order:

A17A1473. PAUL BROWN v. THE STATE.

Paul Brown was convicted of malice murder and sentenced to life imprisonment. Brown appealed to this Court from his judgment of conviction. However, we lack jurisdiction. Under our Constitution, the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of death was imposed or could be imposed.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of malice murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, C. J., concurring); see also State v. Thornton, 253 Ga. 524, 524 (1) (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, Brown’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2017 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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Paul Brown v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-brown-v-state-gactapp-2017.

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