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Levi Jerome Marshall, Jr. v. William Danforth - Habeas Corpus Case Transferred to Supreme Court

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Summary

The Georgia Court of Appeals transferred case A26A1517 (Levi Jerome Marshall, Jr. v. William Danforth) to the Supreme Court of Georgia for lack of jurisdiction. The transfer was required because the Georgia Supreme Court has exclusive appellate jurisdiction over habeas corpus cases under the 1983 Georgia Constitution.

What changed

The Georgia Court of Appeals issued an order transferring case A26A1517 to the Supreme Court of Georgia. The court found it lacked jurisdiction because the Georgia Constitution grants the Supreme Court exclusive appellate jurisdiction over all habeas corpus cases. Marshall had been convicted of malice murder and making false statements, with his convictions affirmed by the Supreme Court in 2015. His 2024 habeas petition was dismissed by the trial court as untimely and successive.

Affected parties include criminal defendants seeking habeas relief in Georgia, who must file such petitions directly with the Supreme Court rather than the Court of Appeals. Legal professionals should ensure habeas corpus petitions are filed in the correct court to avoid dismissal for lack of jurisdiction.

What to do next

  1. Monitor for Supreme Court of Georgia proceedings on habeas corpus petition

Archived snapshot

Apr 14, 2026

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April 14, 2026 Get Citation Alerts Download PDF Add Note

LEVI JEROME MARSHALL, JR. v. WILLIAM DANFORTH

Court of Appeals of Georgia

Disposition

Transferred To Supreme Court

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 14, 2026

The Court of Appeals hereby passes the following order:

A26A1517. LEVI JEROME MARSHALL, JR. v. WILLIAM DANFORTH et al.

A jury convicted Levi Jerome Marshall, Jr., of malice murder and making false
statements, and the Georgia Supreme Court affirmed his convictions on appeal.
Marshall v. State, 297 Ga. 445 (774 SE2d 675) (2015). In 2024, Marshall filed a
petition for writ of habeas corpus. The trial court dismissed Marshall’s petition,
finding that it was untimely and successive, and Marshall appeals. We lack
jurisdiction.
Under our Constitution, the Supreme Court of Georgia has exclusive appellate
jurisdiction over all cases involving habeas corpus. See Ga. Const. 1983, Art. VI, Sec.
VI, Par. III(4). Accordingly, we hereby TRANSFER this case to the Supreme Court
for disposition.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/14/2026
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.

Named provisions

Ga. Const. 1983, Art. VI, Sec. VI, Par. III(4)

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Last updated

Classification

Agency
GA Court of Appeals
Filed
April 14th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
A26A1517
Docket
A26A1517

Who this affects

Applies to
Criminal defendants Legal professionals
Industry sector
9211 Government & Public Administration
Activity scope
Habeas corpus petitions Criminal appeals
Geographic scope
US-GA US-GA

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Criminal Justice

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