Calvin Lewis Neal v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 06, 2026

The Court of Appeals hereby passes the following order:

A26I0165. CALVIN LEWIS NEAL v. THE STATE.

This application for interlocutory appeal arises out of a criminal case that has
been pending against Calvin Lewis Neal since September 2019. In December 2022,
the trial court entered an order granting Neal’s motion to suppress evidence against
him discovered during an allegedly illegal detention. The State filed a timely motion
for reconsideration, and on December 22, 2025, the trial court entered an order
granting that motion, vacating its prior order, and denying Neal’s motion to suppress.
The trial court entered its first certificate of immediate review on January 8,
2026. Neal then filed an interlocutory application from the December 22 order, but
we dismissed the application because the certificate was not filed within 10 days of the
order. See Case No. A26I0114 (Feb. 3, 2026). We explained that Neal’s remedy was
to petition the superior court to vacate and re-enter the order at issue.
The trial court then vacated and re-entered the certificate of immediate review,
and Neal has filed a second application from the trial court’s December 22 order.
However, we again lack jurisdiction. Under OCGA § 5-6-34(b), a party may seek
interlocutory review only if the trial court enters its certificate within ten days of the
order sought to be appealed. The requirements of OCGA § 5-6-34(b) are
jurisdictional. Settendown Pub. Utility v. Waterscape Utility, 324 Ga. App. 652, 653 (751
SE2d 463) (2013). Consequently, because the second certificate of immediate review
was not entered within ten days of the December 22 order, we are without jurisdiction
to consider this application.
To clarify, if the trial court wants to allow for interlocutory review, it should:
(1) vacate and re-enter its December 22 order granting the State’s motion for
reconsideration and denying Neal’s motion to suppress; and (2) issue a new certificate
of immediate review within 10 days of the new order.
For these reasons, we lack jurisdiction to consider this application, which is
hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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.