Henderson v. Georgia

Sylvester Henderson appealed pro se appeal a trial court’s order denying his “Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence.” The issue this case raised for the Georgia Supreme Court’s review centered on the scope of the Supreme Court’s appellate jurisdiction in light of the changes imposed by OCGA 15-3-3.1 on appeals filed after January 1, 2017. The Supreme Court concluded it had subject matter jurisdiction because this appeal fell within Ga. Const. Art. VI, Sec. VI, Par. III (8) as a case “in which a sentence of death was imposed or could be imposed,” rather than a separate civil “petition in the nature of mandamus” as posited in Coles v. Georgia, 477 SE2d 897(1996). Consequently, the Court retained jurisdiction of this appeal, overruled “Coles,” and dismissed the appeal because the remedy Henderson sought here was not legally cognizable. View "Henderson v. Georgia" on Justia Law