Davis v. State

• Citation: 347 Ga.App. 122,817 S.E.2d 691 (Mem)
• Decision Date: 25 July 2018
• Docket Number: A16A1650
• Court: United States Court of Appeals (Georgia)
• Parties: DAVIS v. The STATE.

347 Ga.App. 122

817 S.E.2d 691 (Mem)

DAVIS

v.The STATE.

A16A1650

Court of Appeals of Georgia.

July 25, 2018

Robert L. Persse, Amy L. Ihrig, for appellant.

Meg E. Heap, District Attorney, Greg M. McConnell, Lyndsey H. Rudder, Assistant District Attorneys, for appellee.

District Attorneys' Association of Georgia, Scott L. Ballard, Robert W. Smith, Jr. ; Georgia Association of Criminal Defense Lawyers, Brandon A. Bullard, James C. Bonner, Jr., Elizabeth A. Brandenburg, Robert G. Rubin, amici curiae.

Dillard, Chief Judge.

In State v. Davis ,¹ the Supreme Court of Georgia concluded that this Court lacked jurisdiction to consider this case because it addresses a constitutional question of first impression, and, therefore, our decision in Davis v. State² is a nullity. Accordingly, the Supreme Court vacated that decision; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction that the judgment of the trial court be reversed and the remittitur be transmitted with the Supreme Court’s opinion.

Judgment reversed.

Reese and Bethel, JJ., concur.

1 303 Ga. 684, 687 (1), 814 S.E.2d 701 (2018).

2 340 Ga. App. 652, 798 S.E.2d 474 (2017).