Stacy Carreker v. State

• Court: Court of Appeals of Georgia
• Decided: January 17, 2024
• Docket: A24A0835
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 17, 2024

The Court of Appeals hereby passes the following order:

A24A0835. STACY CARREKER v. THE STATE.

In 1999, Stacey Carreker was convicted of murder and other crimes, and was sentenced to life in prison. The trial court denied Carreker’s motion for new trial, and on appeal, the Supreme Court of Georgia affirmed his convictions. Carreker v. State, 273 Ga. 371 (541 SE2d 364) (2001). In October 2020, Carreker filed an extraordinary motion for new trial. The trial court denied that motion, and Carreker filed this direct appeal. We lack jurisdiction. The Supreme Court of Georgia 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 may be imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (c), (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”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i) (824 SE2d 265) (2019). 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, 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 of Georgia for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/17/2024 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.