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New Grant of Certiorari in Civil Case – March 3, 2010

March 3, 2010

The Georgia Supreme Court granted one new petition for certiorari in a civil case in the last week.


This is an action filed by Brown & Gallo, LLC, a well-known court reporting service, against the Judicial Council of Georgia, which oversees court reporters in the state.  The case was filed in Fulton County Superior Court on October 30, 2008 and heard by Judge Jerry Baxter.

The Court of Appeals (Mikell, Johnson, and Ellington) unanimously affirmed the trial court’s denial of the motion to dismiss without an opinion, instead relying on the opinion below.

Five Justices of the Supreme Court (Hunstein and Carley were disqualified) unanimously granted certiorari to review the following question:

  1. Did the Court of Appeals err in affirming the trial court’s denial of Petitioner’s motion to dismiss?

Harris v. State – Lawnmower Man

In other news, Frank Harris, the criminal defendant in an earlier case where the Supreme Court determined a riding lawnmower was not a motor vehicle, was re-sentenced to 10 years in prison yesterday.  According to the Dalton Daily Citizen, “Harris had to ask his attorney to clarify the situation when Superior Court Judge Robert Adams again handed down a sentence of 10 years for theft by taking property worth more than $500.  ‘Nothing’s changed?’ Harris asked.  ‘Nothing’s changed,’ responded public defender Mike McCarthy.”

Harris’s case has had an impact on several other pending theft cases, however, where prosecutors have dismissed motor vehicle theft charges.


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