Tevin Juwan Sams v. State

Court of Appeals of Georgia

Tevin Juwan Sams v. State

DecidedDecember 8, 2025

DocketA25A2018

StatusPublished

This text of Tevin Juwan Sams v. State (Tevin Juwan Sams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tevin Juwan Sams v. State, (Ga. Ct. App. 2025).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 08, 2025

The Court of Appeals hereby passes the following order:

A25A2018. TEVIN JUWAN SAMS v. THE STATE.

In 2016, Tevin Sams was convicted of malice murder and other crimes and sentenced to life in prison, and the Supreme Court of Georgia affirmed his convictions on appeal. See Sams v. State, 314 Ga. 306 (875 SE2d 757) (2022). In March 2025, Sams filed a pro se motion for nunc pro tunc,1 which the trial court dismissed, and a pro se motion for appointment of counsel, which the trial court denied. Sams then 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 malice murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 567 (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 (740 SE2d 124) (2013) (appeal from denial of a motion in arrest of judgment attacking murder convictions as void).

1 Sams argues in his motion that he received ineffective assistance of counsel. Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/08/2025 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 08, 2025

The Court of Appeals hereby passes the following order:

A25A2018. TEVIN JUWAN SAMS v. THE STATE.

In 2016, Tevin Sams was convicted of malice murder and other crimes and sentenced to life in prison, and the Supreme Court of Georgia affirmed his convictions on appeal. See Sams v. State, 314 Ga. 306 (875 SE2d 757) (2022). In March 2025, Sams filed a pro se motion for nunc pro tunc,1 which the trial court dismissed, and a pro se motion for appointment of counsel, which the trial court denied. Sams then 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 malice murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (a), (e) (1); Neal v. State, 290 Ga. 563, 567 (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 (740 SE2d 124) (2013) (appeal from denial of a motion in arrest of judgment attacking murder convictions as void).

1 Sams argues in his motion that he received ineffective assistance of counsel. Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/08/2025 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.

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Tevin Juwan Sams v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tevin-juwan-sams-v-state-gactapp-2025.

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