Garrett Lee Bailey v. State ( 2015 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 04, 2015
The Court of Appeals hereby passes the following order:
A16A0359. GARRETT LEE BAILEY v. THE STATE.
A jury found Garrett Lee Bailey guilty of malice murder, and the trial court
sentenced him to life in prison. After Bailey withdrew his motion for new trial, he
filed this appeal. 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 (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, this is hereby TRANSFERRED to the Supreme Court for
disposition.
Court of Appeals of the State of Georgia
11/04/2015
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.