Georgians Challenge Electronic Voting System

Upset residents are launching the stiffest challenge yet to Georgia's touch-screen electronic voting system, arguing that there's no way to ensure ballots cast are recorded and tabulated correctly.

It's a direct challenge to the electronic voting system adopted in 2002 in the aftermath of the Florida voting debacle that made Georgia the first in the nation to have uniform touchscreen voting statewide. The critics contend that there's no guarantee that electronic ballots are tallied correctly because there's no way to independently audit the votes.

But state attorneys say the system is far less vulnerable to fraud than paper ballots, and that the machines produce a paper trail that can be audited.

On the Net: http://www.gasupreme.us.

(Associated Press)

Georgia Supreme Court Examines Riding Lawn Mower Case

It's got four wheels and a powerful engine. It can hit speeds of up to 40 mph.

But is a riding lawn mower technically a motor vehicle?

That argument is at the center of an unusual appeal before the Georgia Supreme Court Monday seeking to cut short the prison term of a man sentenced to 10 years after he was convicted of felony motor vehicle theft for swiping a riding mower.

The court's decision could help clarify what lawyers say is a murky definition for "motor vehicles" that may or may not extend to golf carts, industrial equipment and even racecars.

On the Net: http://www.gasupreme.us

(Associated Press)

Nine Candidates for Top Court

A state judicial nominating commission has submitted a list of nine candidates for an open seat on the Georgia Supreme Court. Gov. Sonny Perdue will appoint the replacement to former Chief Justice Leah Ward Sears, who stepped down on Tuesday. He is not required to pick a name from the list, but said he would meet with each of the candidates. Among the candidates are U.S. Attorney David Nahmias, Fulton County Superior Court Judge Craig Schwall and Cobb County Superior Court Judge Mary Staley. Also on the list is Gwinnett County Superior Court Judge William M. Ray II, Alcovy Circuit Superior Court Judge Samuel D. Ozburn, Henry County State Court Judge Benjamin W. Studdard, Macon attorney Stephen Louis A. Dillard and Atlanta attorneys James P. Kelly III and Rocco E. Testani.

(Associated Press)

Supreme Court puts Troy Davis appeal on hold

The U.S. Supreme Court has recessed for the summer without taking action on Georgia death row inmate Troy Anthony Davis' latest appeal, likely delaying any action on the convicted cop killer's case until the fall.

Davis, of Savannah, was convicted in 1991 for the slaying of Savannah police officer Mark MacPhail. Supporters say he deserves a new trial after several key trial witnesses recanted their testimony.

Davis' lawyers appealed to the Supreme Court after a lower federal court denied his request for a new trial in April. The Supreme Court won't reconvene until September.

Davis' case has become a rallying point for death penalty opponents worldwide. A petition signed by 60,000 supporters was turned into Chatham County's District Attorney's office today. His supporters also include former President Jimmy Carter, Nobel Peace Prize winner Desmond Tutu and Pope Benedict XVI.

(Associated Press)

38 People Apply for Georgia Supreme Court

Some 38 of the 48 judges and attorneys nominated for Georgia's top court have applied for the job.

Former Attorney General Mike Bowers will next conduct interviews with each of the candidates for the Georgia Supreme Court on June 29 and June 30. The commission will then send Gov. Sonny Perdue a short list of its recommendations.

Perdue, a Republican, is set to appoint a judge to succeed Chief Justice Leah Ward Sears. She is retiring from the court at the end of the month.

(AP)

Hunstein to Replace Sears on Top Court

Presiding Justice Carol W. Hunstein has been unanimously elected as the new Chief Justice of the Supreme Court of Georgia. She will assume the position July 1, 2009, succeeding Chief Justice Leah Ward Sears, who is stepping down from the Court June 30.

The Court has also unanimously elected Justice George H. Carley to become the new Presiding Justice.

Former Gov. Zell Miller – who appointed both Justices to the Supreme Court – will swear them into their new positions in a ceremony in the state Supreme Court courtroom on July 1, 2009.

The state's Chief Justice presides over Georgia's judicial branch, just as the governor heads the executive branch of government, and House and Senate leaders lead the legislative branch. The Presiding Justice serves in her absence. The Chief Justice is the main spokesperson for the Court, as well as for the entire judiciary. She presides over oral arguments and runs the meetings in which the Court makes its decisions, although she has only one vote as does each of the Justices.

The Chief Justice, who is eligible to serve two two-year terms, also chairs the Georgia Judicial Council, which governs all levels of the state's courts.

Justice Hunstein was a DeKalb County Superior Court Judge when Gov. Miller tapped her in 1992 to become the second woman in history to serve on Georgia's Supreme Court. She was the first woman to serve as President of the Council of Superior Court Judges. In 1989, then Chief Justice Thomas Marshall appointed her to chair the Georgia Commission on Gender Bias in the Judicial System. Gov. Miller and later Gov. Roy Barnes appointed her three times to chair the state's commission on child support guidelines in 1993, 1998 and 2001. She has served on the advisory board of several organizations, including the Georgia Campaign for Adolescent Pregnancy Prevention, and she currently chairs the Georgia Commission on Access and Fairness.

Justice Hunstein has received many honors, including an honorary LL.D. from Stetson University College of Law where she received her juris doctor in 1976. She has three grown children and a grandson.

Justice Carley served in the Georgia House of Representatives and spent 14 years on the Georgia Court of Appeals, including as Chief Judge, before Gov. Miller appointed him to the state's high court in 1993. He received his LL.B. degree from the University of Georgia School of Law in 1962 and practiced law in Decatur where he was a partner in the firm of McCurdy & Candler. He also served as the attorney for the Housing Authority of the City of Decatur and as a Special Assistant Attorney General handling eminent domain cases for the state Department of Transportation. Since 1988, Justice Carley has been actively involved with the Georgia and National High School Mock Trial Competitions.

Source: GA Supreme Court Communications

State's Top Judge to Teach, Practice Law

Earlier this year, Chief Justice Leah Ward Sears announced she'll step down from the state's highest court when her terms expires in June. Sears joined the Georgia Supreme Court in 1992. She was appointed to lead the court in the summer of 2005 and went on to create the Georgia Supreme Court Commission on Children, Marriage and Family Law. The nation's first African American female Chief Justice will return to practicing law when her current term expires. Sears will join the Atlanta law offices of Chicago-based Schiff Hardin sometime later this year. In the meantime, Sears will teach a seminar titled "Contemporary Issues in Family Law" at the University of Georgia law school, focused on changes in marriage and divorce, and exploring controversial family issues facing the legal system. Finally, in addition to practicing law and teaching, Sears will join the Institute for American Values to serve for one year as the William Thomas Sears Distinguished Fellow in Family Law. The fellowship is named in honor of the chief justice's older brother who died in November 2007 at the age of 53. Recently, Sears' name has come up as a possible replacement to retiring U.S. Supreme Court Justice David Souter.

White Supremacist Execution Back On

The execution of a white supremacist convicted of murdering one of his followers is back on for tonight at 7pm. William Mark Mize was scheduled to be put to death last night, but was granted a stay by the Georgia Supreme Court--it ruled the trial judge denied a Mize request for a hearing but never decided upon the motion itself. Late Tuesday afternoon, that motion was denied, now clearing the way for execution this evening.

GA Chief Justice Sears Gives Final State of the Judiciary System Address

After serving on the Georgia Supreme Court for the last 17 years, Chief Justice Leah Ward Sears gave her final State of the Judiciary System address Wednesday at the State Capitol. The last five years Sears has been the chief justice and she’s retiring from that post in June.

She told lawmakers the court has made great strides in recent years.

“...When I step down, I will leave behind – according to a recent national study – the number one most productive Supreme Court in the country. That same study ranked Georgia’s high court as one of the five best state Supreme Courts in the nation...”

But, Sears says, she hasn’t been able to accomplish all of her goals.

“I suppose my failure as Chief Justice was my inability to get our state’s judges a much-needed raise – a raise they have not had in more than a decade.”

Sears says she doesn’t know what she’ll be doing once she retires from the court, but according to the Law School at the University of Maryland, she may become their next dean.

Gang Ruling from State's Top Court

Today the Georgia Supreme Court unanimously upheld the state's anti-gang statute. The court agreed that it does not infringe on First Amendment rights. The law was challenged by Efrain Rodriguez and Gilberto Rodriguez, who were both charged with murder in the 2006 death of a rival gang member. The state's highest court rejected their attorneys argument that the anti-gang law used to prosecute them is unconstitutionally vague and tramples on the rights to freely associate.

(Associated Press)

Georgia top court strikes down sex offender law provision

Georgia’s top court has thrown another strike against the state’s tough sex offender law. The Georgia Supreme Court says it is "cruel and unusual punishment" to require an automatic life prison sentence for sex offenders who repeatedly fail to register. The court’s 6-1 decision throws out the life sentence of Cedric Bradshaw. The 25-year-old was arrested for failing to register as an offender, after spending weeks trying to find a place to live that did not violate the law’s residential restrictions. Earlier, the Court struck down another provision that required homeless offenders to register their address, calling it unconstitutionally vague.

Court ruling on marshland favors developers

The Georgia Supreme Court gave the green light to a thousand home project that environmentalists say threatens the marshlands along the coast.

Environmental groups sued the state when it permitted the development of Cumberland Harbor. They said it violated the state’s Coastal Marshlands Protection Act which should consider land use next to the marshes.

But the Georgia Supreme Court ruled in favor of the developers saying the act protects land within the salt marshes but not beside them where the houses are being built.

Gordon Rogers of the Satilla River Keeper, one of groups that sued says the ruling weakens state protection of the marshlands.

“What it means is we have to fall back on certain federal protections for water quality and flow for the salt marsh… and we were hopeful the Supreme Court would strengthen the state act and clarify the use of it, but it has not.”

In this project, it could be moot point because the developer of Cumberland Harbor filed for Chapter 11 bankruptcy protection last month and the project’s future is unknown.

Death sentences upheld

Two death row inmates have lost appeals before the Georgia Supreme Court. The state's highest court has upheld the death sentences for Andrew Howard Brannan and Dorian Frank O'Kelley. Brannan was convicted of killing a Laurens County deputy in 1998. O'Kelley was convicted of killed a woman and her 13-year-old daughter in 2002.

(Associated Press)

Ga. Supreme Court adopts new kidnapping standards

Georgia's top court adopted a new legal standard for kidnapping, ruling that prosecutors must consider four factors before deciding to pursue kidnapping charges.

The Georgia Supreme Court's 4-3 decision Monday requires prosecutors to consider how far the victim was taken and whether the movement endangered the victim.

It also says authorities should weigh whether the movement occurred during the commission of a separate crime and whether it was a key part of that second crime.

The new standards came as part of an 18-page ruling that threw out kidnapping charges against Joey Allen Garza of Lee County. The court upheld his convictions for false imprisonment and aggravated assault.

Click here for more GPB News coverage about this issue.

(AP)

Handel responds to Powell ruling

Secretary of State Karen Handel says she’s concerned about future impact of a Thursday ruling by the Georgia Supreme Court. In a decision concerning Democrat Jim Powell and whether he should be removed from the ballot in his District-4 candidacy for a Public Service Commission seat, the state’s top court says his name should stay. The court says Handel "committed an error of law" when she disqualified Powell based on his application for a homestead exemption at a residence outside the district he’s seeking. The court said Handel could have taken into account other rules determining residency. Handel, a Republican, in her statement Thursday said the ruling paves the way for an avalanche of residency claims in future candidate qualifying periods. Handel says her office would not have a clear standard to evaluate candidates’ status.

Georgia's top judge to step down

Georgia’s top judge will step-down from her post next year when her term ends. Leah Ward Sears says she will focus on jobs in the private sector--perhaps taking the reigns as a university president or a role at a civil rights law firm. The 53-year-old Sears has served on Georgia’s Supreme Court since 1992, and is the first black female to lead the court. Sears has been mentioned as a potential U.S. Supreme Court nominee, and doesn’t rule out an eventual return to the public sector.

Georgia court: Sex offender provision unfair

Georgia's top court has ruled a provision in Georgia's strict new sex offender law is unconstitutional because it fails to tell homeless offenders how they can comply with the
law.

The law is designed to keep sex offenders away from children by monitoring how close they live to schools, parks and other spots where kids gather. But critics say it unfairly subjects homeless offenders to a life sentence if they fail to register a home address.

The Georgia Supreme Court's 6-1 decision Monday found the law's registration requirements were "unconstitutionally vague." But the opinion went on to say that homeless offenders are not exempt from the statute, and suggested special reporting requirements for the homeless.
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On the Net: http://www.gasupreme.us

(AP)

Transgender Ga. official wins legal battle

Riverdale City Council member Michelle Bruce (top), Doraville City Council candidate Brian Bates, Decatur City Commissioner Kecia Cunningham and East Point City Councilmember Lance Rhodes. (Photos file or courtesy of candidates.)

Georgia's top court ruled in favor of a transgender politician who was slapped with a lawsuit by two political opponents who claimed she misled voters by running as a female.

The Georgia Supreme Court's unanimous ruling on Monday found that the two political opponents who filed the lawsuit failed to produce evidence of fraud, misconduct or illegal action after claiming that Michelle Bruce bamboozled voters by identifying herself as a female.

Bruce, who was believed to be the state's first transgender politician, landed one of four council seats in Riverdale, Ga. in 2003. Running unopposed, she pledged to attract more jobs and residents to the struggling town 12 miles south of Atlanta.

Last year, however, three people signed up to run against her, and she failed to capture enough votes to avoid a runoff against second-place finisher Wayne Hall.

The third- and fourth-place finishers, Georgia Fuller and Stan Harris, filed a lawsuit after the primary that identified Bruce as "Michael" and sought a new election.

It's unclear whether most voters knew of Bruce's transgender status before the lawsuit was filed. She has declined to say whether she has had surgery, but said she always identified herself as transgender.

"I'm Michelle," she said when the suit was filed. "I'm the same Michelle they elected four years ago."

Hall won the runoff, and Bruce blamed the lawsuit for her defeat.

Meanwhile, the complaint made its way through Georgia's legal system. In its decision Monday, the court ruled for Bruce and concluded that "none of these alleged irregularities is specific enough to cast doubts" on the election.

Gay rights groups said the lawsuit appears to be the first in the country that accused an elected official of lying to the public because he or she is transgender.

"I am not aware of any other case involving the issue of whether a transgender candidate is defrauding the citizens," said Cole Thaler, an attorney with Lambda Legal, a gay rights group.

Bruce's attorneys said they felt vindicated by the ruling.

Michael King, the attorney for the plaintiffs, said he was disappointed and surprised by the decision.

"We think there were significant irregularities and misconduct to reverse the election," he said.

On the Net:
Georgia Supreme Court: http://www.gasupreme.us

(The Associated Press)

Click here for more GPB News coverage of the events that led up to the decision.

Georgia top court says no to halt of Davis execution

Troy Davis is scheduled for execution tonight at the state prison in Jackson. Another request for a new trial before the Georgia Supreme Court yesterday was denied, the second time Georgia’s high court has done so. Unless a last minute stay comes from the U.S. Supreme Court today, Davis will die by lethal injection at 7pm. The Davis case has received much attention as seven of the nine witnesses who originally testified against him have recanted.

Carter adds name to call for Davis clemency

Emergency stays of execution have been filed on behalf of death row inmate Troy Anthony Davis. And, another name has been added to the list of those calling for a review of the case. The nation’s highest court is scheduled to consider a request to halt Davis’ execution at their first conference on Sept. 29. A similar request for stay has been filed with Georgia’s top court. Davis is scheduled to die by lethal injection this coming Tuesday for the 1989 shooting death of an off-duty Savannah police officer. The state of Georgia had petitioned both courts not to consider the case. The case has attracted international attention. Earlier today former President Jimmy Carter issued a statement urging the Georgia and Pardons and parole board to reverse its decision to deny clemency to Davis. Carter says the case shows deep flaws in the application of the death penalty in this country. Davis’s lawyers have tried to spare his life by arguing Davis needs a new trial because 7 of the 9 witnesses in the original trial have since recanted their testimony.