LEVI JEROME MARSHALL, JR. v. WILLIAM DANFORTH
Docket A26A1517
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Habeas Corpus
- Docket
- A26A1517
Appeal from the trial court's dismissal of a 2024 habeas corpus petition as untimely and successive
Summary
The Court of Appeals concluded it lacked jurisdiction over Levi Jerome Marshall, Jr.'s appeal from the trial court's dismissal of his 2024 habeas corpus petition as untimely and successive. Because the Georgia Constitution grants the Supreme Court of Georgia exclusive appellate jurisdiction in habeas corpus matters, the Court of Appeals transferred the case to the Georgia Supreme Court for disposition. The order is procedural and does not address the merits of Marshall's habeas claims.
Issues Decided
- Whether the Court of Appeals has jurisdiction to hear appeals in habeas corpus cases under the Georgia Constitution
- Whether the Court of Appeals should retain or transfer an appeal in a habeas corpus matter
Court's Reasoning
The court relied on the Georgia Constitution provision that grants the Georgia Supreme Court exclusive appellate jurisdiction over habeas corpus cases. Because that constitutional allocation of jurisdiction places habeas appeals with the Supreme Court, the Court of Appeals determined it could not adjudicate Marshall's appeal and therefore transferred the matter for the proper court to decide. The order does not resolve the underlying timeliness or successive-petition issues.
Authorities Cited
- Georgia Constitution (1983), Article VI, Section VI, Paragraph III(4)
Parties
- Appellant
- Levi Jerome Marshall, Jr.
- Appellee
- William Danforth et al.
- Court
- Court of Appeals of the State of Georgia
Key Dates
- Court order date
- 2026-04-14
- Prior Georgia Supreme Court decision affirming convictions
- 2015-01-01
- Habeas petition filed
- 2024-01-01
What You Should Do Next
- 1
Await transfer to Georgia Supreme Court
The case has been transferred; parties should monitor filings and dockets at the Georgia Supreme Court for scheduling and briefing orders.
- 2
Consult counsel about merits
Marshall should consult his attorney to assess arguments on timeliness and successive-petition doctrine to present to the Georgia Supreme Court.
- 3
Prepare any required filings
Be ready to file or respond to briefs or motions the Supreme Court may order, including supplying the record and any jurisdictional or procedural submissions.
Frequently Asked Questions
- What did the Court of Appeals decide?
- The Court of Appeals said it lacked jurisdiction over the habeas appeal and transferred the case to the Georgia Supreme Court; it did not rule on the merits of the habeas petition.
- Who is affected by this order?
- Levi Jerome Marshall, Jr. (the petitioner) and the State are affected because the appeal will now proceed in the Georgia Supreme Court.
- What happens next?
- The case file will be sent to the Georgia Supreme Court, which will decide whether the habeas petition was properly dismissed as untimely and successive or whether relief is warranted.
- Can this transfer be appealed?
- Not from this order; the transfer is a jurisdictional matter under the state constitution, and further review would occur only through proceedings in the Georgia Supreme Court.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 14, 2026
The Court of Appeals hereby passes the following order:
A26A1517. LEVI JEROME MARSHALL, JR. v. WILLIAM DANFORTH et al.
A jury convicted Levi Jerome Marshall, Jr., of malice murder and making false
statements, and the Georgia Supreme Court affirmed his convictions on appeal.
Marshall v. State, 297 Ga. 445 (774 SE2d 675) (2015). In 2024, Marshall filed a
petition for writ of habeas corpus. The trial court dismissed Marshall’s petition,
finding that it was untimely and successive, and Marshall appeals. We lack
jurisdiction.
Under our Constitution, the Supreme Court of Georgia has exclusive appellate
jurisdiction over all cases involving habeas corpus. See Ga. Const. 1983, Art. VI, Sec.
VI, Par. III(4). Accordingly, we hereby TRANSFER this case to the Supreme Court
for disposition.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/14/2026
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.