Bradberry v. State

The Court dismissed the defendant's direct appeal from the denial of his post-conviction motion for forensic testing because O.C.G.A. § 5-5-41 c did not apply and no other independent basis for a direct appeal existed.

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Eddie Bradberry brought this direct appeal from an order of the Superior Court of Jackson County that denied both his motion for sentence modification and his motion for forensic testing of what he characterized as a “DNA sample.” In this appeal, Bradberry does not challenge the court’s ruling with respect to his sentencing; rather, he contends that the court erred in denying his post-conviction motion to have a semen sample tested for the presence of condom lubricants, alleging that a positive test result would prove that the victim in this case obtained his semen from a condom that he had used with a different sexual partner and then placed it in her vagina in order to frame him for rape. For the following reasons, we lack jurisdiction and dismiss this appeal. A Jackson County jury found Bradberry guilty of one count of rape, three counts of child molestation, and two counts of cruelty to children, and this Court affirmed those convictions. See Bradberry v. State , 297 Ga. App. 679 678 SE2d 131 2009. On January 10, 2010, following the return of the remittitur, Bradberry filed a “Motion for Reduction of Sentence and Consolidated Brief,” and, on April 12, 2010, he filed a “Motion for Forensic Testing of DNA Sample.” Following a hearing, the court denied both motions in a single order on November 17, 2010. On December 13, 2010, Bradberry filed a notice of appeal from the order.

“It is the duty of this Court in all instances to inquire into our jurisdiction.” Footnote omitted. Segura v. State , 280 Ga. App. 685, 686 1 634 SE2d 858 2006. Our review of the record in this case shows that Bradberry was not authorized to bring this appeal directly, but, for the following reasons, was required to file an application for discretionary appeal.

Bradberry v. State

The Court dismissed the defendant's direct appeal from the denial of his post-conviction motion for forensic testing because O.C.G.A. § 5-5-41 c did not apply and no other independent basis for a direct appeal existed.

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