Marcus Moore v. State ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 06, 2019
    The Court of Appeals hereby passes the following order:
    A19A2441. MARCUS MOORE v. THE STATE.
    A jury found Marcus Moore guilty of two counts of malice murder and other
    crimes.1 Moore subsequently filed a pro se motion for out-of-time appeal, which the
    trial court dismissed. Moore appealed this ruling, and the appeal was transmitted to
    this Court.2
    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 murder, jurisdiction is proper in the Supreme Court. See
    OCGA § 16-5-1 (a), (e) (1); Neal v. State, 
    290 Ga. 563
    , 572 (722 SE2d 765) (2012)
    (Hunstein, C. J., concurring). Accordingly, Moore’s appeal is hereby
    TRANSFERRED to the Supreme Court for disposition.
    1
    Rather than proceeding to the penalty phase of the trial, Moore entered a
    negotiated plea to a life sentence. The Supreme Court addressed the validity of the
    sentence in Moore v. State, 
    293 Ga. 705
     (749 SE2d 660) (2013).
    2
    Moore’s notice of appeal purports to direct the appeal to the United States
    Court of Appeals for the Eleventh Circuit. But the notice of appeal also provides that
    “[t]he Court of Appeals of Georgia[] has jurisdiction over this appeal.” We have
    construed this notice of appeal liberally as we are required to do. See OCGA § 5-6-
    30.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/06/2019
    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: A19A2441

Filed Date: 8/21/2019

Precedential Status: Precedential

Modified Date: 8/21/2019