Background
In March 2024, a trial court denied Kendall Lawrence’s petition for a writ of habeas corpus. Lawrence sought review in the Supreme Court of Georgia, which denied his application for a certificate of probable cause to appeal in January 2025.
In July 2026, Lawrence filed a “Notice of Appeal to set aside Judgment” in the Court of Appeals of Georgia. Citing several Georgia statutes, he sought to set aside the Supreme Court’s order in part because he said he did not receive the denial until July 3, 2026.
The Court’s Holding
The Court of Appeals held that it lacked jurisdiction over the matter. Georgia’s Constitution gives the Supreme Court of Georgia exclusive appellate jurisdiction over cases involving habeas corpus.
Because Lawrence’s filing sought relief connected to the denial of habeas relief and the Supreme Court’s subsequent order, the Court of Appeals transferred the case to the Supreme Court of Georgia for disposition. The order did not decide the merits of Lawrence’s requested relief.
Key Takeaways
- The Georgia Supreme Court has exclusive appellate jurisdiction over habeas corpus cases.
- The Court of Appeals could not consider Lawrence’s attempt to set aside the Supreme Court’s order.
- The case was transferred, rather than dismissed, for the Supreme Court to resolve.
Why It Matters
The order underscores that habeas-related appellate matters belong in the Georgia Supreme Court, even when a litigant frames the filing as a request to set aside a judgment. It also illustrates the Court of Appeals’ use of transfer when constitutional jurisdiction lies exclusively elsewhere.