Christopher Houston v. State
CourtCourt of Appeals of Georgia
Date FiledJuly 9, 2026
DocketA26I0260
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 09, 2026
The Court of Appeals hereby passes the following order:
A26I0260. CHRISTOPHER HOUSTON v. THE STATE.
On March 30, 2026, Christopher Houston moved to recuse the trial judge in
two criminal cases against him. In separate orders entered on May 12, 2026, the trial
court denied each motion. The trial court further denied Houston’s requests for a
certificate of immediate review in orders entered May 13, 2026. Houston then filed
this application for interlocutory appeal, but we lack jurisdiction.
“Denials of motions to recuse are interlocutory in nature. An appeal of such an
order requires compliance with the interlocutory appeal provisions of
OCGA § 5-6-34(b),” including obtaining a certificate of immediate review from the
trial court within ten days of the order sought to be appealed. See Ellis v. Stanford, 256
Ga. App. 294, 295(2) (568 SE2d 157) (2002). Here, Houston neither obtained nor
filed a certificate of immediate review, and thus did not comply with the requirements
of OCGA § 5-6-34(b) or Court of Appeals Rule 30(c).
The requirements of OCGA § 5-6-34(b) are jurisdictional, and if a party seeking
interlocutory review does not comply with these requirements, we lack jurisdiction to
consider the application. Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016). Further, this Court will not review a trial court’s decision as to whether to
grant or deny a certificate of immediate review. See id. at 551(2) n.6.
Accordingly, this application is hereby DISMISSED. Houston’s motion for stay of
proceedings and supersedeas, and motion to expedite, are additionally DENIED as
MOOT.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/09/2026
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.