Michael Darnell Harvey v. State ( 2022 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 28, 2022
The Court of Appeals hereby passes the following order:
A22A1447. MICHAEL DARNELL HARVEY v. THE STATE.
In 2010, Michael Darnell Harvey was convicted of murder and other crimes.
He now seeks an out-of-time appeal in this Court. The Supreme Court, however, has
jurisdiction over his case.
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 may be imposed for the crime of
murder, jurisdiction is proper in the Supreme Court. See OCGA § 16-5-1 (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 to the Supreme Court “all cases in which either a sentence of death
or of life imprisonment has been imposed upon conviction of murder”), overruled in
part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205 (III) (C) (i)
(824 SE2d 265) (2019). Accordingly, this appeal is hereby TRANSFERRED to the
Supreme Court.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/28/2022
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.