State v. Murray

1. The emergency application for supersedeas at issue in this matter is clearly moot and ultimately will be dismissed. The issue that divides us is whether that dismissal order, like the order granting supersedeas in the first place, should be issued by the Supreme Court or the Court of Appeals. Assuming the validity of this Court’s jurisdiction over murder cases “and all pre-conviction appeals in murder cases” under State v. Thornton, 253 Ga. 524 (322 SE2d 711) (1984), I believe that is a close question. I dissent because I agree with Justice Melton that the appeal underlying the…