Frank Don Causey v. State ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    March 12, 2019
    The Court of Appeals hereby passes the following order:
    A19A1529. FRANK DON CAUSEY v. THE STATE.
    In 2017, a jury found Frank Don Causey guilty of malice murder, felony
    murder, and aggravated assault.1 He was sentenced to life imprisonment without the
    possibility of parole. Causey filed a timely motion for new trial, which the trial court
    denied. He then filed the instant direct appeal.
    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.” Ga.
    Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be
    imposed for the crime of malice murder, jurisdiction is proper in the Supreme Court.
    See OCGA § 16-5-1 (b), (e) (1); Neal v. State, 
    290 Ga. 563
    , 572 (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”).
    1
    The trial court later vacated Causey’s conviction for felony murder by
    operation of law, and merged his conviction for aggravated assault into his malice
    murder conviction.
    Accordingly, Causey’s appeal is hereby TRANSFERRED to the Supreme
    Court for disposition.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    03/12/2019
    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.
    

Document Info

Docket Number: A19A1529

Filed Date: 3/21/2019

Precedential Status: Precedential

Modified Date: 3/21/2019