In Re Henry Adeleye
A20A1448
Ga. Ct. App.Apr 3, 2020Background
- Attorney Henry Adeleye was adjudicated guilty of contempt by the City of Atlanta Municipal Court and fined $150.
- Adeleye filed a direct appeal to the Court of Appeals of Georgia.
- The Court examined whether it had jurisdiction to hear a direct appeal from a municipal court contempt judgment.
- Georgia law generally requires appeals from municipal court (non-traffic) convictions to be initiated by petitioning for a writ of certiorari in the superior court (OCGA § 5-4-3); traffic offenses are an exception (OCGA § 40-13-28).
- The Court concluded OCGA § 5-6-34(a)(2) (allowing direct appeals from contempt judgments in superior and constitutional city courts) does not govern municipal court judgments.
- Because no appealable superior court order existed, the Court of Appeals dismissed Adeleye’s direct appeal for lack of jurisdiction.
Issues
| Issue | Adeleye's Argument | City/Respondent's Argument | Held |
|---|---|---|---|
| Whether Court of Appeals has jurisdiction to hear Adeleye’s direct appeal from a municipal court contempt judgment | OCGA § 5-6-34(a)(2) permits direct appeals from contempt judgments to this Court | Municipal court non-traffic convictions must be appealed by certiorari to superior court under OCGA § 5-4-3; direct appeal here is improper | Dismissed for lack of jurisdiction; appeal must proceed by certiorari in superior court (traffic exception noted) |
| Whether OCGA § 5-6-34(a)(2) applies to municipal courts | Statute authorizes direct appeals of contempt generally to this Court | Statute applies to superior and constitutional city courts, not municipal courts | § 5-6-34(a)(2) does not govern municipal court judgments; it is inapplicable here |
Key Cases Cited
- Adairsville v. Barton, 159 Ga. App. 810 (1981) (non-traffic municipal convictions must be reviewed by certiorari in superior court; traffic convictions have direct appeal to superior court)
- Dunn v. Mulling, 108 Ga. App. 9 (1963) (appeal from superior court ruling on certiorari review of municipal court contempt)
- Reed v. State, 229 Ga. App. 817 (1997) (municipal court convictions are appealed by certiorari to superior court; state court convictions are appealed to Court of Appeals)
- Zornes v. State, 262 Ga. 757 (1993) (affirming dismissal of direct appeal that should have been initiated by certiorari)
- Sawyer v. City of Atlanta, 257 Ga. App. 324 (2002) (affirming dismissal of direct appeal to superior court that should have been appealed to Court of Appeals)