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An application to remove a trustee, addressed to the judge at chambers, was not "a case" within the meaning of this paragraph. If the evidence required to convict under the first indictment would not be sufficient to convict under the second indictment, but proof of an additional fact would be necessary to constitute the offense charged in the second, the former conviction or acquittal could not be pled in bar to the second indictment. In appeal from contempt judgment, the Court of Appeals has jurisdiction.
McClain, 112 Ga. 209, 144 S. 2d 565 (1965); Daughtrey v. 758, 177 S. 2d 670 (1970); Miller v. 2d 535 (1972); Fulton-DeKalb Hosp. Based on the United States Supreme Court decision in Missouri v. McNeely, in which the court rejected a per se rule that the natural metabolization of alcohol in a person's bloodstream constitutes an exigency justifying an exception to the U. 675, 671 S. 2d 485 (2008). Since Georgia decisional law extends due process protections beyond what federal due process alone affords, abstention by federal courts is warranted with regard to Georgia due process claims involving provisions which have never been construed by Georgia courts. Cited in In re Inquiry Concerning a Judge, 265 Ga. 2d 728 (1995); In re Judicial Qualifications Comm'n Formal Advisory Opinion No. The general school laws of this state do not authorize local boards of education to enter into contracts with out-of-state school systems for the education of pupils residing in this state. Pardon as restoring public office or license or eligibility therefor, 58 A. 1218, 112 S. 3025, 120 L. 2 d 897 (1992). Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's adult relative other than spouse, 160 A. C. S., States, §§ 94 et seq., 171 et seq. The board of education of each school system may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of such system. Since, under the Constitution of Georgia, the state may constitutionally take a blood sample from a defendant without the defendant's consent, O.
Only the judiciary can adjudicate the amount of such compensation and what evidence is relevant and admissible for that purpose. Clayton County Airport Auth. The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to uniformity. Because a federal district court certified questions regarding potential issues in a litigation and the certified questions addressed matters that either were previously decided in a prior certified opinion, were advisory or anticipatory in nature, or appeared to involve determinations properly made under federal practice and procedure, the court declined to answer the certified questions. In such a case, the only right of action maintainable is that conferred by this paragraph, and the recovery permitted is strictly limited to the direct damage inflicted by diminishing the market value of the property damaged. Garmon v. Crawford, 211 Ga. 682, 87 S. 2d 844 (1955) (see Ga. II). Dolvin, 160 Ga. 320, 127 S. 651 (1925). It is not intended that the substance of an Act should be set forth in the caption, nor that every detail stated in the body thereof be mentioned in the title; if what follows after the enacting clause is definitely related to what is expressed in the caption, if it be naturally connected therewith, and related to the main object or subject matter of the legislation and is not in conflict therewith, there is no infringement of this paragraph. Constitutionality of retroactive statute curing defect in private instrument purporting to convey title or create interest in property or as to filing or recording thereof, 57 A. Union City, City of.
Mallory v. 852, S. 2d (2016). Origin and foundation of government. Every presumption will be made in favor of the constitutionality of an Act of the legislature. For article surveying judicial developments in Georgia's trial practice and procedure laws, see 31 Mercer L. 249 (1979). A militia and for the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shall be in accordance with law and the directives of the Governor acting as commander in chief. For article discussing constitutional provisions authorizing municipal home rule prior to the adoption of the 1976 Georgia Constitution, see 4 Ga. For article, "Discretion in Georgia Local Government Law, " see 8 Ga. 614 (1974). County commissioners not empowered to fix salaries of sheriff and deputies. Board of Regents, 262 Ga. 413, 419 S. 2d 916 (1992). Malcom v. Newton County, 244 Ga. 464, 535 S. 2d 824 (2000). Baxley v. Black, 224 Ga. 456, 162 S. 2d 389 (1968). No public retirement or pension system created on or after January 1, 1985, shall grant any person whose retirement is based on involuntary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person whose separation from employment is voluntary.
2d 454 (1962); Pearson v. Walker, 218 Ga. 469, 128 S. 2d 328 (1962); Modern Homes Constr. Knight v. State, 242 Ga. 363, 528 S. 2d 855 (2000). Cherry v. Coast House, Ltd., 257 Ga. 403, 359 S. 2d 904 (1987), cert. The judge of the probate court shall determine the validity of such petition within 60 days of its being filed with the judge of the probate court. University System of Georgia; board of regents. Walker v. 2 d 50 (2007). Obtaining of blood, hair, and saliva samples from an accused represent "minor intrusions" which do not cause the person to be a witness against themselves within the meaning of the constitution. General requirement that defendant in civil case must be tried in county of the defendant's residence is applicable to suits against guardians in their representative capacities; and suit against a guardian must be brought in the county of the guardian's residence unless such representative is subject to suit in another county within one of the exceptions to the general rule which are embodied in Ga. Utilization of different methods for determining fair market value for purposes of taxation creates no infirmity under the state Constitution or laws.