Georgia Court of Appeals, 2018

Arthur Lawton Clark v. State

Arthur Lawton Clark v. State
Georgia Court of Appeals · Decided November 1, 2018

Arthur Lawton Clark v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ October 22, 2018 The Court of Appeals hereby passes the following order: A19A0452. ARTHUR LAWTON CLARK v. THE STATE.

Arthur Lawton Clark was convicted of multiple offenses, including felony murder, and was sentenced to life in prison. After the trial court denied his motion for new trial, Clark appealed to this Court. We, however, lack jurisdiction.

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.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (8). Because a penalty of death can be imposed for the crime of felony murder, jurisdiction is proper in the Supreme Court.

See OCGA § 16-5-1 (c), (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 “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”). Accordingly, Clark’s appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/22/2018 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.

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