State of Georgia v. Eric A. Heinze

── State of Georgia v. Eric A. Heinze ── Case No.: 23-12050 Court: Court of Appeals for the Eleventh Circuit Date: April 07, 2026 Category: NEW USCA11 Case: 23-12050 Document: 61-1 Date Filed: 04/07/2026 Page: 1 of 17 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12050 ____________________ STATE OF GEORGIA, Plaintiff-Appellant, versus ERIC HEINZE, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cr-00388-VMC ____________________ Before BRANCH, LUCK, and LAGOA, Circuit Judges. LAGOA, Circuit Judge: USCA11 Case: 23-12050 Document: 61-1 Date Filed: 04/07/2026 Page: 2 of 17 2 Opinion of the Court 23-12050 This appeal asks us to determine whether the State may seek a “limited remand” so that it could bring a superseding indictment against Defendants in state court. Such a remand was needed, the State contended, because 28 U.S.C. § 1442 divested the state court of jurisdiction and, under Georgia law, a superseding indictment can be brought only in a state court with jurisdiction over the case. The district court denied the motion after determining that there was no basis in law for a “limited remand,” and the State appealed. After careful review and with the benefit of oral argument, we dis- miss this appeal for lack of jurisdiction. I. FACTUAL AND PROCEDURAL BACKGROUND In August 2016, Jamarion Robinson had three outstanding felony arrest warrants: two for aggravated assault based on his al- leged pointing of a firearm at police officers, and one for attempted arson based on his alleged attempt to set his mother’s home on fire while she slept. 1 The U.S. Marshal Service’s Southeast Regional Fugitive Task Force was tasked with apprehending Robinson and Defendants Eric Heinze and Kristopher Hutchens were two of the officers on the task force. The task force in 2016 located Robinson at his girlfriend’s apartment and conducted a raid, which resulted in Robinson’s death. Five years later, in October 2021, Defendants were indicted by a state grand jury in Fulton County for felony murder, aggra- vated assault with a deadly weapon, first-degree burglary, making 1 Robinson suffered from schizophrenia. USCA11 Case: 23-12050 Document: 61-1 Date Filed: 04/07/2026 Page: 3 of 17 23-12050 Opinion of the Court 3 a false statement, and violation of oath by public officer. Defend- ants separately filed notices of removal in the district court, arguing that they were federal officers and were entitled to trial in federal district court pursuant to 28 U.S.C. § 1442. The State moved to remand the actions to state court, con- tending that the district court lacked subject matter jurisdiction. The district court consolidated the cases and denied the State’s mo- tion. In March 2023, Defendants filed separate motions to dismiss the indictment because of their alleged immunity under the Su- premacy Clause and Georgia’s self-defense law and because of im- proper venue. In May 2023, the State filed a motion for a limited remand to state court to obtain a s