The Supreme Court of Georgia announced today that, beginning with cases docketed to the Court on or after August 3, 2020, it will end its practice of considering sua sponte the legal sufficiency of the evidence presented against criminal defendants in non-death penalty murder appeals unless “specific circumstances warrant such review.” Ordinarily, the Court reviews only claims of error raised by a party. Sua sponte review occurs when the Court reviews a claim not raised by a party.
In an opinion written by Justice Charlie Bethel, Davenport v. The State, Case No. S20A0035 (decided July 2, 2020), the Court noted that its “long practice of deciding unraised sufficiency claims has been purely an exercise of discretion,” as “no law requires it.” It noted that over time, “reasons to change course have become clear, and the only real reason to continue our practice is the length of time we have followed it. That is not enough.”
The Court explained that, in light of potential reliance on its longstanding practice by litigants and attorneys, it would continue the existing practice for all cases that have already been docketed to the Court and for those cases that are docketed before August 3.
Davenport v. The State was the final opinion released by the Court for its term that began in December 2019. The Georgia Constitution requires the Supreme Court and the Court of Appeals to dispose of every appeal no later than the conclusion of the term after which it is docketed. The current term of court, which began on April 6, 2020, ends on July 17, 2020. Thus, the Court has satisfied “the two term rule.”