Background
Ashton Brent Folsom sought interlocutory appellate review in a criminal case. The Court of Appeals of Georgia granted his interlocutory application in Case No. A26I0029 on August 7, 2025.
Folsom then filed a direct appeal pursuant to that grant. The brief order does not identify the underlying ruling, the charges, the arguments raised on appeal, or the judges who participated.
The Court’s Holding
After reviewing the record and applicable law, the Court of Appeals determined that the appeal had been improvidently granted.
The court therefore dismissed the appeal. It did not address the merits of Folsom’s claims or announce a substantive rule of law.
Key Takeaways
- The court may reconsider whether interlocutory review should have been granted.
- A grant of an interlocutory application does not guarantee a merits decision.
- The dismissal left the underlying issues unresolved by the appellate court.
Why It Matters
The order illustrates that discretionary interlocutory review can end without a merits ruling even after the appellate court initially accepts the case. Practitioners should not treat acceptance of an interlocutory application as assurance that the court will ultimately decide the legal questions presented.