Xavier Demon Walker v. State - Appeal Jurisdiction Transferred
Summary
The Court of Appeals of Georgia transferred a discretionary appeal in a felony murder case to the Supreme Court of Georgia for disposition. The transfer was ordered because the Supreme Court has exclusive appellate jurisdiction over all cases in which the death penalty could be imposed, and felony murder qualifies under state law.
What changed
The Court of Appeals of Georgia determined it lacked jurisdiction over Walker's discretionary appeal following his felony murder conviction. The Court found that the Supreme Court of Georgia holds exclusive appellate jurisdiction over all cases in which a sentence of death was imposed or could be imposed, and because felony murder carries potential capital punishment under state law, the case must be heard by the Supreme Court.
Affected parties should note that any appeal in a felony murder case will be transferred to the Supreme Court of Georgia regardless of whether the death penalty was actually sought at trial. Criminal defendants pursuing appeals in homicide cases should file directly with the Supreme Court to avoid jurisdictional delays.
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Apr 13, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 13, 2026 Get Citation Alerts Download PDF Add Note
Xavier Demon Walker v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0434
Disposition: Discretionary App Transferred To S C
Disposition
Discretionary App Transferred To S C
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 13, 2026
The Court of Appeals hereby passes the following order:
A26D0434. XAVIER DEMON WALKER v. THE STATE.
Xavier Demon Walker was found guilty of felony murder and other crimes. The
trial court denied his motion for new trial, and Walker filed an application for
discretionary appeal in this Court. We lack jurisdiction.
The Supreme Court of Georgia has appellate jurisdiction over “[a]ll cases in
which a sentence of death was imposed or could be imposed,” Ga. Const. of 1983, Art.
VI, Sec. VI, Par. III(8), and a penalty of death may be imposed for the crime of felony
murder. See OCGA § 16-5-1(c), (e)(1); see also Hart v. State, 322 Ga. 1, 10(1) (917
SE2d 631) (2025) (even in murder cases in which the death penalty was not sought,
the Supreme Court has opted to exercise its jurisdiction to review all such cases).
Thus, this application is hereby TRANSFERRED to the Supreme Court for
disposition.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/13/2026
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.
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