Hughes v. Sikes, S01A0144.
| Court | Supreme Court of Georgia |
| Citation | 273 Ga. 804,546 S.E.2d 518 |
| Docket Number | No. S01A0144.,S01A0144. |
| Parties | HUGHES v. SIKES. |
| Decision Date | 07 May 2001 |
546 S.E.2d 518
273 Ga. 804
v.
SIKES
No. S01A0144.
Supreme Court of Georgia.
May 7, 2001.
Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Tammie J. Philbrick, Asst. Atty. Gen., for appellee.
CARLEY, Justice.
After a jury found Jeffery Hughes guilty of malice murder, the trial court sentenced him to life imprisonment. In Hughes v. State, 251 Ga. 393, 306 S.E.2d 242 (1983), this Court granted appellate counsel's Anders motion and dismissed the appeal as frivolous. Hughes later filed a pro se habeas corpus petition. On April 29, 1999, the habeas court denied the petition. Hughes mailed to the clerk's office a timely notice of appeal, and requested filing. On May 20, 1999, however, the deputy clerk returned the notice of appeal to Hughes, accompanied by a letter informing him that he must correct and resubmit it along with a certificate of service. Thereafter, he apparently resubmitted the notice of appeal, but the clerk declined to file it because it was untimely. Hughes filed in this Court a timely application for a certificate of probable cause. Since his application did not contain a notice of appeal, we requested the clerk to transmit it to us. Upon receipt of the notice of appeal submitted on May 10, we granted a certificate of probable cause in order to determine whether the habeas court clerk's office erred by refusing to file that document.
1. "In habeas corpus cases, the General Assembly has determined that the unsuccessful petitioner must timely file both a notice of appeal and an application for a certificate of probable cause...." (Emphasis in original.) Fullwood v. Sivley, 271 Ga. 248, 250, 517 S.E.2d 511 ( [273 Ga. 805] 1999). Although the notice of appeal must be filed in the court below, this Court alone has the authority to determine whether such filing is sufficient to invoke its jurisdiction. See generally Saxton v. Coastal Dialysis & Medical Clinic, 267 Ga. 177, 476 S.E.2d 587 (1996). In making this determination, we are bound by OCGA § 5-6-30, which provides that the Appellate Practice Act (APA) "shall be liberally construed so as to bring about a decision on the merits of every case appealed and to avoid dismissal of any case ..., except as may be specifically referred to in this article." Insofar as the sufficiency of the notice of appeal is concerned, the APA specifically provides
[w]here it is apparent from the notice of appeal ......
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Capote v. Ray, S02A1179.
...file both a notice of appeal and an application for a certificate of probable cause....' [Cit.]" (Emphasis in original.) Hughes v. Sikes, 273 Ga. 804(1), 546 S.E.2d 518 (2001). See also Fullwood v. Sivley, 271 Ga. 248, 517 S.E.2d 511 (1999). This Court relaxed the statutory time requirement......
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State v. Brown, s. A15A0456
...authority to determine whether such filing is sufficient to invoke its jurisdiction.” (Citation and punctuation omitted.) Hughes v. Sikes, 273 Ga. 804, 805(1), 546 S.E.2d 518 (2001). Thus, we owe no deference to the trial court's analysis of whether the State's notice of appeal from the cou......
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Duke v. State, S19M0969
...to determine whether such filing is sufficient to invoke its jurisdiction." (Citation and punctuation omitted.) Hughes v. Sikes , 273 Ga. 804, 805 (1), 546 S.E.2d 518 (2001) (interpreting current OCGA § 5-6-30 ). Such authority has been used to determine, for instance, that an appellant nee......
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Jones v. Peach Trader Inc., S17A1314
...v. Stephens , 291 Ga. 79, 727 S.E.2d 484 (2012) ; Lamb v. Salvation Army , 301 Ga. App. 325, 687 S.E.2d 615 (2009) ; Hughes v. Sikes , 273 Ga. 804, 546 S.E.2d 518 (2001) ; Azar v. Baird , 232 Ga. 81, 205 S.E.2d 273 (1974). But our cases have also generated some confusion on that question by......