Court of Appeals of the State of Georgia ATLANTA,____________________ June 28, 2018 The Court of Appeals hereby passes the following order: A18A1786. CORDURAY SCOTT SR. v. ANNETTIA TOBY, WARDEN.

A jury found Corduray Scott, Sr., guilty of murder and cruelty to children.

Stylized as a habeas petition,1 Scott seeks to appeal his final judgment and sentence dated August 12, 2012.

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.” See 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 § 17-10-30 (b); 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 “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). And, if we construe Scott’s appeal as one from a habeas petition, the Supreme Court also has exclusive appellate jurisdiction over all cases involving habeas corpus. See Ga. Const. 1983, Art. VI, Sec. VI, Par. III (4).

It is unclear from the appellate record whether Scott actually filed a habeas petition in superior court.

Accordingly, Scott’s motion to transfer is GRANTED and this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/28/2018 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.