Court Filings

The Court of Appeals considered Eric Maxwell's direct appeal from the trial court's denial of his motion for an out-of-time appeal following convictions that included malice murder. The court concluded it lacked jurisdiction because Georgia's Supreme Court has exclusive appellate jurisdiction over cases in which the death penalty could be imposed. Because malice murder carries a potential death sentence, the Court of Appeals transferred the appeal to the Supreme Court of Georgia for disposition.

The Georgia Court of Appeals granted the appellant's motion to remand this criminal appeal to the trial court so the trial court can complete the appellate record. The trial court is directed to add exhibits that were properly admitted at the October 4, 2022 hearing. After the exhibits are filed or the trial court issues an order that the exhibits are unavailable, the Fulton County Superior Court Clerk must transmit the full record, transcripts, and exhibits back to the Court of Appeals for re-docketing under the existing notice of appeal.