Tiara Smith v. State

Court of Appeals of Georgia

Tiara Smith v. State

DecidedMarch 13, 2015

DocketA15D0284

StatusPublished

This text of Tiara Smith v. State (Tiara Smith 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.

Bluebook

Tiara Smith v. State, (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 11, 2015

The Court of Appeals hereby passes the following order:

A15D0284. TIARA SMITH v. THE STATE.

Tiara Smith pled guilty to fleeing and attempting to elude, feticide, two counts of felony murder, and two counts of serious injury by vehicle in 2007. Following the denial of her extraordinary motion for new trial, Smith filed an application for discretionary appeal in this Court. 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.” 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 (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, Smith’s application is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 03/11/2015 Clerk’s Office, Atlanta,____________________ 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,____________________ March 11, 2015

The Court of Appeals hereby passes the following order:

A15D0284. TIARA SMITH v. THE STATE.

Tiara Smith pled guilty to fleeing and attempting to elude, feticide, two counts of felony murder, and two counts of serious injury by vehicle in 2007. Following the denial of her extraordinary motion for new trial, Smith filed an application for discretionary appeal in this Court. 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.” 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 (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, Smith’s application is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 03/11/2015 Clerk’s Office, Atlanta,____________________ 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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Tiara Smith v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tiara-smith-v-state-gactapp-2015.

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