Summary
The Court of Appeals of Georgia issued an order granting Marcus Fraser’s motion to transfer his appeal to the Supreme Court of Georgia. The transfer is mandated because Fraser was convicted of malice murder, a crime carrying a potential death sentence, which places the case within the Supreme Court’s appellate jurisdiction under the Georgia Constitution. Accordingly, the Court of Appeals relinquished jurisdiction and transferred the case for final disposition.
Court
Court of Appeals of Georgia
Jurisdiction
Georgia
Decision date
February 27, 2025
Docket number
A25A1239
Procedural posture
Appeal from trial court denial of motion for new trial; motion to transfer appeal to Supreme Court of Georgia.
Precedential value
published
Parties
Marcus Fraser v. State
Disposition
other
Topics
appellate jurisdictionappellate procedure
Practice areas
criminal procedure
Questions Presented
- Whether the Supreme Court of Georgia has appellate jurisdiction over Fraser’s case, permitting transfer of the appeal.
Holdings
- Transfer is appropriate because the Supreme Court has jurisdiction over cases where a death sentence may be imposed.
Key quotations
“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).”
Factual background
In 2019, Marcus Fraser was convicted of malice murder and other crimes.
Procedural history
Fraser was convicted of malice murder in 2019; he filed a motion for new trial denied by the trial court; he appealed to this Court of Appeals and moved to transfer the appeal to the Supreme Court of Georgia.
Court Document
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