Aldo Dervishi v. State of Georgia - Habeas Corpus Transfer

GA Court of Appeals Opinions

Filed March 31st, 2026

Detected March 31st, 2026

Summary

The Georgia Court of Appeals transferred Case No. A26A1587 (Aldo Dervishi v. State of Georgia) to the Supreme Court of Georgia. The Court determined it lacked appellate jurisdiction because the Supreme Court has exclusive jurisdiction over habeas corpus cases under the Georgia Constitution. The petitioner had filed a purported habeas petition along with multiple motions related to traffic offense prosecutions, which the trial court dismissed.

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What changed

The Court of Appeals of Georgia issued a procedural transfer order in Case No. A26A1587, moving Aldo Dervishi's appeal to the Supreme Court of Georgia. Dervishi had filed what he termed a habeas corpus petition challenging traffic offense prosecutions, along with motions for damages, dismissal, prosecutorial misconduct allegations, and disqualification of the solicitor. The trial court dismissed all pleadings, and Dervishi appealed. The Court of Appeals recognized it lacked jurisdiction under Article VI, Section VI, Paragraph III(4) of the Georgia Constitution, which grants the Supreme Court exclusive appellate authority over habeas corpus matters.

This transfer is purely procedural and creates no new legal obligations for any party. Dervishi's case will proceed before the Supreme Court of Georgia, which will determine whether his pleading is properly characterized as a habeas petition and rule on the underlying motions. No compliance actions are required from any regulated entities. This case does not establish precedent affecting other defendants or practitioners.

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March 31, 2026 Get Citation Alerts Download PDF Add Note

Aldo Dervishi v. State of Georgia

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1587
Disposition: Transferred To Supreme Court
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Transferred To Supreme Court

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 31, 2026

The Court of Appeals hereby passes the following order:

A26A1587. ALDO DERVISHI v. STATE OF GEORGIA.

Aldo Dervishi is apparently facing prosecution for traffic offenses, and he filed what he
purports to be a petition for writ of habeas corpus. He filed multiple motions
contemporaneously with his petition, including a motion seeking compensation for damages
for malicious prosecution, a motion to dismiss the charges against him, a motion alleging
prosecutorial misconduct, and a motion to disqualify the solicitor The trial court dismissed
the petition and the motions, and Dervishi filed this appeal.
The Supreme Court of Georgia has appellate jurisdiction over all habeas corpus cases.1
See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (4). Accordingly, this appeal is hereby
TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/31/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.

1
Although we question whether Dervishi’s pleading is properly construed as
a habeas petition, we recognize that the Supreme Court has the ultimate responsibility
for determining its appellate jurisdiction. See Saxton v. Coastal Dialysis & Med. Clinic,
267 Ga. 177, 178 (476 SE2d 587) (1996).