Seboris Robinson Brooks, Jr. v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 19, 2019

The Court of Appeals hereby passes the following order:

A19A1925. SEBORIS ROBINSON BROOKS, JR. v. THE STATE.

Seboris Robinson Brooks, Jr., was convicted of murder and other offenses and was sentenced to life in prison. The Supreme Court affirmed his convictions on direct appeal. See Brooks v. State, 281 Ga. 14 (635 SE2d 723) (2006). Brooks subsequently challenged his convictions by filing a “motion to set aside a void indictment,” which the trial court denied. Brooks then appealed to this Court.

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, 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”). The Supreme Court’s jurisdiction over murder cases includes appeals from orders resolving post-judgment motions in such cases. See Simpson v. State, 292 Ga. 764 (740 SE2d 124) (2013) (appeal from denial of motion attacking murder convictions as void).

Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/19/2019

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.