Transfers (Analysis of Orders of Supreme Court and Court of Appeals)

2003 Applications

COA Transfers to SC 37, 7 interlocutory and 30 discretionary. In 12 the appellant was pro se. The subject matter of the appeals were predominantly divorce (21 or 57%), then 6 extraordinary remedies, 3 equity, 2 constitutional issues, 2 habeas corpus, and 3 murder cases. In each of the 3 criminal murder transfers, the appellants were pro se. Also, in the cases involving ancillary issues to divorce several of the appellants were pro se.

SC Transfers to COA * 11. In these applications, appellants argued that 3 involved issues related to divorce, 3 habeas corpus, 4 extraordinary remedies, 1 constitutional issues and 1 other. In 6, the Appellant was pro se.

Transfer by COA and Transfer back by SC One application (A03D0229) was transferred to Supreme Court and back to the COA. COA order state appeal involved denial of motion to set aside judgment and petition for mandamus, since mandamus belongs in Supreme Court. After transfer, the Supreme Court decided that since the purpose of the mandamus was to force the trial court to rule on the motion to set aside and the court did rule on that motion, there no longer was an issue of mandamus. Further there was no other basis for Supreme Court jurisdiction.

2002 Applications

COA Transfers to SC	31. 22 (approximately 70%) involved divorce and alimony jurisdiction; 3 mandamus, 3 murder, 1 habeas corpus and 1 constitutional question. In 9 of the 31 cases, the Appellant was pro se. 8 of the 9 cases in which the Appellant was pro se were cases involving divorce and alimony. Thus, in about one-third of the 22 cases involving divorce and alimony, the Appellant was pro se.

SC Transfers to COA * 25. Appellant attempted to invoke jurisdiction in the Supreme Court on the basis that the appeal involved: equity in 6, a constitutional question in 5, divorce in 5, extraordinary remedies in 4, and other bases in 9. In 10 the appellant was pro se. Appellants were pro se in all cases in which no basis for jurisdiction was stated and which involved a crime in which the death penalty wasn't and couldn't be imposed. It therefore appears that pro se appellants were particularly unaware of O.C.G.A. §15 -3-3 and also what is meant by extraordinary remedies.

Transfer by COA and Transfer back by SC

One application (A02D0033) was transferred to Supreme Ct and back to COA. The COA found appellate issue to be one of retroactivity of a ruling under the state constitution. The Supreme Court held the issue on appeal was the constitutionality of an administrative ruling of the State Revenue Commissioner. Since the constitutionality of such an administrative ruling is not a law within the meaning of the Supreme Court's constitutional question jurisdiction is properly in the COA.

2001 Applications

COA Transfers to SC	31. 24 (over 75%) involved divorce and alimony jurisdiction; 8

extraordinary remedies, and there were 3 others. In 7, the appellant was pro se, in 5 of these 7 the jurisdiction was divorce.

SC Transfers to COA * 13 The appellant attempted to invoke Supreme Court jurisdiction on the following bases in these 13 cases: 5 constitutional question , 4 divorce, 2 land, 2 extraordinary remedies, 2 murder, and 3 others. In 2, the appellant was pro se.

Transfer by COA and Transfer back by SC One application (A01D0184)in which the ground for Supreme Court jurisdiction was alleged to be based on a constitutional issue, whether the Georgia Safe Dams Act of 1978 violated the Georgia & US Constitutions. The Supreme Court held that the trial court did not distinctly rule on the constitutional challenge and that the issue did not involve title to land.

* Does not appear that the Supreme Court printed out orders from Interlocutory Applications only Discretionary applications. COA data includes both.

2001 Direct Appeals

SC Transfers to COA There were 75 transfers from 2001 Supreme Court to COA . In 17 (23%), at least one appellant was pro se at some point in the case. The basis for suggesting Supreme Court jurisdiction shown in rank order are: Equity 29, Constitutional Questions 25, Land 13, Extraordinary Remedies 3, Wills 2, Divorce and Alimony 1, Habeas Corpus 1, Murder-Capital Sentence 1, 14 unknown. There could be more than one bases for jurisdiction in a case. In the 14 cases in which the basis for the claim of jurisdiction is unknown, 9 had pro se appellants. 2 cases were transferred from COA to the Supreme Court and back; both sought to invoke jurisdiction based on a constitutional question.

COA Tranfers to SC There were 67 transfers from 2001 COA to the Supreme Court. In 15 (22%) the appellant was pro se. In most of the habeas corpus, mandamus and divorce appeals, the appellant was pro se. Surprisingly in the 31 murder appeals, there were only 2 pro se appellants. The basis for transferring the appeal was: 31 murder, 7 habeas corpus, 7 domestic relations, 4 mandamus. 18 were other types of cases.

2002 Direct Appeals

SC Transfers to COA There were 80 direct appeals transferred to COA by the Supreme Court. 5 of the cases were transfers back to the COA where they were originally docketed. In 23 of the 80 cases (29%) , the Appellant(s) was(were) pro se. The Appellant(s) tried to invoke Supreme Court jurisdiction on the following bases: 36 equity, 15 constitutional question, 17 title to land, 6 extraordinary remedies, 2 wills, and 6 capitol offenses. In 12, the basis for jurisdiction was not clearly stated; in each of these 12, the Appellant was pro se.

COA Transfers to SC. There were 66 transfers from 2002 COA to the Supreme Court. In 19 (29%), the appellant was pro se. In one of these the appellant had employed an attorney at some point in the case as well. The basis for transfer included: murder 23, mandamus 9, habeas corpus, divorce 10, 3 real property and 13 others. There was only one pro se in the murder cases. In 6 of 8 habeas cases the appellant was pro se. In half the divorce cases the appellant was pro se.

2003 Direct Appeals

SC Transfers to COA 80 transfers were made from the Supreme Court to COA. 4 were return transfers to the COA, after an original transfer from COA to the Supreme Court. In 33 of the 80 (41%) the Appellant(s) was (were) pro se. The reason for Supreme Court jurisdiction stated were: equity 28, title to land 20, constitutional questions 15, crime/death 6, habeas 5, extraordinary remedy 3, will 2, divorce 2, and election contest 1. In 4 of 5 cases in which no basis for Supreme Court jurisdiction stated, Appellant was pro se.

Cases Cited

Land : SC Transfers-Cases Cited
177 Ga. 504 (1933)

190 Ga. App. 684 (1989)

x	206 Ga. 304 (1950)

208 Ga. 510 (1951)

220 Ga. 72 (1964)

x	221 Ga. 338 (1965)

224 Ga. App. 581 (1) (1997)

231 Ga. 759 (1974)

*	235 Ga. 47 (1975)

x	236 Ga. 401, 412 (1976)

x	238 Ga. 643 (1977)

240 Ga. 590 (1978)

244 Ga. App. 300 n. 1 (2000)

*	251 Ga. 37 (dispossessory) (1983)

*	256 Ga. 43 (1986)

256 Ga. App. 359 n. 1 (2002)

*	261 Ga. 608 (1991)

x	274 Ga. 114 (2001)
Floyd v. Gore S01D0372

Divorce: SC/COA Transfers-Case Cites
146 Ga. App. 512 (1978)

x	190 Ga. App. 61 (1989)

*	191 Ga. 237 (1940)
199 Ga 513 (1945)

x	217 Ga. 431 (1961)

x	219 Ga. App. 408 (1) (1995)

224 Ga. 310 (1968)

x	225 Ga. App. 247 (1997)

226 Ga. App. 898

*	237 Ga. 755, 756 (1) (1976)
*	241 Ga. 451 (1978)

*	243 Ga. 149 (1979)

243 Ga. 863 (1979)

*	247 Ga. 26 (1981)

x	254 Ga. 378 (1985)

Land: COA Transfers-Case Cites

205 Ga. App. 332 (1) (1992)

Habeas: COA Transfers-Case Cites

271 Ga. 248, 249 (1999)

Divorce Continued

*	254 Ga. 450 (2) (1985)

255 Ga. App. 247 (1997)

*	Compare 256 Ga. 507 (1986)

*	258 Ga. 256 (1991)

258 Ga. 353 (1988)

258 Ga. 617 (1988)

x	259 Ga. 85 (1989)

261 Ga. 256 (1991)

x	263 Ga. 151 (1993)

x	263 Ga. 498, 499 (1) (1993) *COA
overruled other grounds

263 Ga. 522 (1993)

264 Ga. 467, 469 (1994)

*	265 Ga. 100 (1995)

265 Ga. 186 (1995)

265 Ga. 211 (1995)

266 Ga. 535 (1996)

265 Ga. 725 (1995)

265 Ga. 802 (1995)

266 Ga. 832 (1996)

*	266 Ga. 890 (1996)

267 Ga. 845 (1997)

268 Ga. 361 (1997)

269 Ga. 415 (1998)

269 Ga. 480 (1998)

269 Ga. 724 (1998)

270 Ga. 409

270 Ga. 640 (1999)

271 Ga. 726, 727 (1) (1999)

x	272 Ga. 107 (2000)

x	272 Ga. 228 (2000)

274 Ga. 472 (2001)

S01A0913 (2001)

Constitutional Q: SC/COA Transfer Case Cites
193 Ga. App. 306, 307 (1) (1998)

196 Ga. 473 (1943)

*	209 Ga. 282 (1952)

x	215 Ga. App. 603, 604 (1) (1994)

219 Ga. App. 152, 155 (2) (3)
(1995)

220 Ga. 239 (1964)

*	223 Ga. App. 603 (1996)

Constitutional Q: SC/COA Transfer Case Cites Continued

224 Ga. App. 494 (1997)

229 Ga. 313 (1972)

230 Ga. App. 334, 335 (4)

x	231 Ga. 54 (1972)

232 Ga. 828 (1974)

243 Ga. 441 (1979)

246 Ga. App. 549 (2000)

248 Ga. App. 645,646 n.5 (2001)

x	248 Ga. 875 (1982)

x	249 Ga. 576, 578 n. 5 (1982)

*	255 Ga. 449 (1986)

258 Ga. 592 (1988)

260 Ga. 260 (1990)
*	262 Ga. 451 (1992)

*	264 Ga. 841 (1995)

x	266 Ga. 657,658 (1)	(1996)

268 Ga. 89 (1997)

*	269 Ga. 127, 129(6) (1998)

270 Ga. 327, 328 (3) (1998)

270 Ga. 701 (1999)

271 Ga. 592 (1999)

x	271 Ga. 597 (1) (1999)

271 Ga. 726 (1999)

272 Ga. 327, 328 (3) (1998)

x	272 Ga. 361 (2000)

272 Ga. 788, 789 (1) (2000)

273 Ga. 106, 108 (3) (2000)

Construction/Validity of Will: SC Transfer Case Cites

x	179 Ga. 812 (1934)

191 G. 262 (1940)

*	208 Ga. 23 (1951)

x	224 Ga. App. 387 (1) (1997)

*	251 Ga. 461 (1983)

Extraord. Remedy or Mandamus: SC Transfer Case Cites

*	176 Ga. 96 (1933)

201 Ga. 347(1946)

x	203 Ga. 93 (1) (1947)

221 Ga. App. 762, 763 n. 3
228 Ga. 16 (1971)

x	261 Ga. 608, 609 (2) (1991)

264 Ga. 467 (1994)

266 Ga. 771 (1996)

269 Ga. 727 (1998)

275 Ga. 205 (2) (2002)

Capital Crime: SC Transfer Case Cites

*	196 Ga. 847 (1943)

239 Ga. 400 (1977)

242 Ga. 657 (1978)**

253 Ga. 524 (1984)**

Capital Crime: COA Transfer Case Cites

Compare 271 Ga. 736 (1999)

Equity : SC/COA Transfer Case Cites

182 Ga. 360 (1936)

193 Ga. App. 306 (1989)

194 Ga. 94 (1) (2001)

204 Ga. 67 (1948)

204 Ga. App. 741 (1992)

205 Ga. App. 615 (1992)

208 Ga. 27 (1951)

211 Ga. App. 34, 35 n. 2 (1993)

214 Ga. App. 624 (1994)

215 Ga. 628 (1960)

x	215 Ga. App. 786 (1994)

222 Ga. App. 264 (1996)

Equity Transfer Case Cites continued
222 Ga. App. 709 n. 1 (1996)

224 Ga. App. 581, 582 (1) (1997)

x	224 Ga. 796 (1968)

x	232 Ga. App. 513 n. 1 (1998)

243 Ga. App. 559 (2000)

244 Ga. App. 308 (3) (h) (2000)
244 Ga. 665 (1) (1979)

247 Ga. 4 (1981)

260 Ga. 260 (1990)

*	261 Ga. 608, 609 (2) (1991)

*	263 Ga. 66 (1993)

267 Ga. 177, 178 (1996)

268 Ga. 500, 501 (1997)

268 Ga. 755 (1997)

271 Ga. 616, 617 n. 2 (1999)

*	271 Ga. 745 (1999)

*	272 Ga. 107 (2000)

272 Ga. 142 (2000)

271 Ga. 276 n. 1 (1999)

274 Ga. 137 (2001)

Bennett v. CSX S00A0076

x = cited more than once

* = frequently cited