Stefon Smith v. State

• Court: Court of Appeals of Georgia
• Decided: March 13, 2025
• Docket: A25D0298
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 13, 2025

The Court of Appeals hereby passes the following order:

A25D0298. STEFON SMITH v. THE STATE.

In his application for discretionary appeal, Stefon Smith seeks to challenge the trial court’s denial of his multiple motions to recuse the trial judge in his criminal case. The State has filed an emergency motion to dismiss Smith’s application. We lack jurisdiction. “Denials of motions to recuse are interlocutory in nature. An appeal of such an order requires compliance with the interlocutory appeal provisions of OCGA § 5-6-34 (b),” including obtaining a certificate of immediate review within ten days of the order sought to be appealed. See Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d 157) (2002); see also Rolleston v. Glynn County Bd. of Tax Assessors, 213 Ga. App. 552, 553 (445 SE2d 345) (1994). OCGA § 5-6-35, the discretionary appeal statute, “does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).” See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Smith’s failure to comply with the interlocutory appeal procedures and obtain a certificate of immediate review deprives this Court of jurisdiction over this application. Accordingly, the State’s motion is GRANTED, and this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/13/2025 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.