Welch v. State
Welch v. State
Opinion of the Court
Appellant was sentenced to death and, while his motion for new trial was pending in the trial court, filed a motion under OCGA § 42-5-50 (c) to remain in the county jail to aid his attorney in the preparation of his appeal. The trial court denied the motion, and appellant was transferred to the Diagnostic & Classification Center in Jackson. His attorney obtained a certificate of immediate review of the decision denying the request to stay in the local jail, but failed to apply to this court for interlocutory review as required by OCGA § 5-6-34 (b). Because of the failure to adhere to interlocutory procedure, we must dismiss this appeal as premature. Graves v. Dean, 166 Ga. App. 186 (303 SE2d 751) (1983).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.