Brinkley v. State
291 Ga. 195
| Ga. | 2012Background
- Appellant Jonas Brinkley was convicted Jan 27, 2000 in Tift County of kidnapping with bodily injury, rape, kidnapping of a male victim, and armed robbery.
- Rape merged into kidnapping with bodily injury; armed robbery sentence concurrent with kidnapping sentence; life with parole minimum mandatory per OCGA § 16-5-40(d)(4).
- Feb 8, 2000, Brinkley filed a motion for new trial; case later shuffled among defense counsel for years with little progress.
- April 29, 2010 Brinkley filed an amended motion for new trial raising a cruel-and-unusual-punishment claim under the Georgia Constitution based on his juvenile status (age 14).
- Sept 14, 2010 the trial court held a hearing and Feb 25, 2011 denied the amended motion on the merits.
- Brinkley appeals claiming novel constitutional questions; the Supreme Court concludes it lacks jurisdiction and transfers the case to the Court of Appeals; dissent argues for retaining jurisdiction and addressing merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review a novel constitutional claim on appeal | Brinkley asserts novel juvenile-sentencing challenge is reviewable | State argues untimely/waived and not within exclusive jurisdiction | Jurisdiction improper; issue is waived and case transferred |
| Timeliness of the cruel-and-unusual-punishment claim | Claim raised timely via amended motion after Graham decision | Untimely under pre-existing rule; not reviewable on direct appeal | Claim untimely and review of merits waived on appeal |
| Jurisdiction over other constitutional claims | Other claims present; not novel | Claims rely on unquestioned constitutional law and remain unreviewable on direct appeal | Those issues fall within Court of Appeals’ jurisdiction; transfer appropriate |
| Appropriateness of transfer instead of deciding merits | Transfer would bypass merits where properly raised | Transfer aligns with lack of Supreme Court jurisdiction over untimely issues | Transfer to Court of Appeals is proper under the Court’s jurisdictional rules |
Key Cases Cited
- Gore v. State, 162 Ga. 267 ((1926)) (criminal-sentencing challenges not grounds for a motion for new trial)
- Perez-Castillo v. State, 275 Ga. 124 ((2002)) (untimely constitutional challenges are waived and case transferred to Court of Appeals)
- Hardeman v. State, 272 Ga. 361 ((2000)) (same; untimely constitutional challenge transferred/waived)
- Gainey v. State, 232 Ga. 334 ((1974)) (transfer when constitutional issue not timely raised)
- Nelson v. State, 179 Ga. 743 ((1934)) (preservation requirement; transfer if no jurisdictional basis)