Background
Kiendal R. Tootle was convicted of felony murder and armed robbery and sentenced to life imprisonment.
Tootle later moved to vacate and correct what he characterized as a void and illegal sentence. After the trial court denied that motion, he filed an appeal in the Court of Appeals of Georgia.
The Court’s Holding
The Court of Appeals did not reach the merits of Tootle’s challenge to his sentence. It explained that the Supreme Court of Georgia currently exercises jurisdiction over all non-death-penalty murder appeals and that the Court of Appeals is required to transfer such cases under Hart v. State, 322 Ga. 1, 10 (1) (917 SE2d 631) (2025).
Accordingly, the court transferred Tootle’s appeal to the Supreme Court of Georgia for disposition. The order noted that, under Coleman v. State, Case No. S26A0859 (Aug. 13, 2026), the Supreme Court has announced its intent to stop exercising direct appellate jurisdiction over non-death-penalty murder cases docketed after July 1, 2027.
Key Takeaways
- The Court of Appeals transferred the case without deciding whether Tootle’s sentence was void or illegal.
- Non-death-penalty murder appeals currently fall within the Supreme Court of Georgia’s appellate jurisdiction.
- The jurisdictional change announced in Coleman applies to cases docketed after July 1, 2027, and therefore did not alter the disposition of this appeal.
Why It Matters
The order confirms that, under the jurisdictional framework presently in effect, an appeal arising from a non-death-penalty murder conviction must be transferred to the Supreme Court of Georgia even when the immediate ruling under review concerns a post-conviction motion challenging the sentence.