Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 5-6-15 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-6-15 Case Law from Google Scholar Amendments to OCGA 5-6-15

TITLE 5 APPEAL AND ERROR

Section 6. Certiorari and Appeals to Appellate Courts Generally, 5-6-1 through 5-6-51.

ARTICLE 1 GENERAL PROVISIONS

5-6-15. Certiorari from Supreme Court to Court of Appeals.

The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of this state.

(Orig. Code 1863, § 3957; Code 1868, § 3977; Code 1873, § 4049; Code 1882, § 4049; Civil Code 1895, § 4634; Civil Code 1910, § 5180; Code 1933, § 19-101; Ga. L. 1983, p. 3, § 47.)

Cross references.

- Certiorari to the Court of Appeals, Rules of the Supreme Court of the State of Georgia, Rules 28 et seq.

Applications, how made, Rules of the Court of Appeals of the State of Georgia, Rule 16.

Law reviews.

- For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).

JUDICIAL DECISIONS

Habeas petition improperly granted.

- Writ of habeas corpus granted to a prisoner was reversed because the prisoner had presented the same issues raised in a habeas petition to the trial court and relief had been denied, and the prisoner's appeal of that decision was rejected by the appellate courts; the prisoner's claim was procedurally barred. Thompson v. Stinson, 279 Ga. 196, 611 S.E.2d 29 (2005).

Habeas petition was untimely.

- Because a state prisoner did not appeal a conviction to the state supreme court, the conviction became final ten days after the appellate court affirmed the conviction, and the prisoner was not entitled to seek certiorari review to the U.S. Supreme Court under 28 U.S.C. § 1257(a). Thus, the habeas petition was untimely under 28 U.S.C. § 2244(d)(1)(A); although the Georgia Constitution circumscribed review by the state supreme court, the state supreme court placed no limit on its certiorari jurisdiction under Ga. Const. 1983, Art. VI, O.C.G.A. § 5-6-15, and Ga. S. Ct. R. 40. Pugh v. Smith, 465 F.3d 1295 (11th Cir. 2006).

Cited in Daniels v. Commissioners of Pilotage, 147 Ga. 295, 93 S.E. 887 (1917); McDonald v. Georgia Fed'n of Labor, 178 Ga. 313, 173 S.E. 662 (1933); Gullatt v. Slaton, 189 Ga. 758, 8 S.E.2d 47 (1940); Butler v. City of Dublin, 191 Ga. 551, 13 S.E.2d 362 (1941); Murdock v. Perkins, 219 Ga. 756, 135 S.E.2d 869 (1964); Manning v. A.A.B. Corp., 223 Ga. 111, 153 S.E.2d 561 (1967); Sonesta Int'l Hotels Corp. v. Colony Square Co., 482 F.2d 281 (5th Cir. 1973); McClung v. Richardson, 232 Ga. 530, 207 S.E.2d 472 (1974); Shantha v. Municipal Court, 240 Ga. 280, 240 S.E.2d 32 (1977); Housworth v. Glisson, 485 F. Supp. 29 (N.D. Ga. 1978); Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980); Board of Trustees v. Christy, 154 Ga. App. 488, 269 S.E.2d 33 (1980); City of Adairsville v. Barton, 159 Ga. App. 810, 285 S.E.2d 581 (1981); Jackson v. State, 286 Ga. 407, 688 S.E.2d 351 (2010).

RESEARCH REFERENCES

ALR.

- Propriety of certiorari to review decisions of public officer or board granting, denying, or revoking permit, certificate, or license required as condition of exercise of particular right or privilege, 102 A.L.R. 534.

Legislature's express denial of right of appeal as affecting right to review on the merits by certiorari or mandamus, 174 A.L.R. 194.

Cases Citing O.C.G.A. § 5-6-15

Total Results: 7  |  Sort by: Relevance  |  Newest First

Copy

Waldrip v. Head, 532 S.E.2d 380 (Ga. 2000).

Cited 43 times | Published | Supreme Court of Georgia | Jun 12, 2000 | 272 Ga. 572, 2000 Fulton County D. Rep. 2256

...I am authorized to state that Justice THOMPSON and Justice HINES join in this dissent. NOTES [1] Waldrip v. State, 267 Ga. 739, 482 S.E.2d 299 (1997). [2] See OCGA § 9-11-37 (1993). [3] See OCGA § 5-6-34(a) (1995). [4] See OCGA §§ 5-6-35; 5-6-34(b) (1995). [5] See Ga. Const. art. 6, sec. 6, para. 5 (1998); OCGA § 5-6-15 (1995); Ga....
Copy

Cheeley v. Henderson, 405 S.E.2d 865 (Ga. 1991).

Cited 43 times | Published | Supreme Court of Georgia | Jun 27, 1991 | 261 Ga. 498

...ity or great public importance." Art. VI, Sec. VI, Par. V. Our statutory law provides that "The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by [the above provision] of the Constitution of this State." OCGA § 5-6-15....
...As stated in Daniels v. State, 248 Ga. 591, fn. 1, 285 S.E.2d 516 (1981): This court has the constitutional authority to require, by certiorari or otherwise, any case to be certified from the Court of Appeals, [Const. Art. VI, Sec. VI, Par. V; OCGA § 5-6-15], even before it is decided by that court, Collins v....
Copy

State v. Tyson, 544 S.E.2d 444 (Ga. 2001).

Cited 22 times | Published | Supreme Court of Georgia | Mar 29, 2001 | 273 Ga. 690, 2001 Fulton County D. Rep. 1040

...in that it only suggests that review of intermediate appellate court decisions should be pursuant to a discretionary process very similar to the provisions in our Constitution and Code for certiorari. Ga. Const. 1983, Art. VI, Sec. VI, Para. V; OCGA § 5-6-15....
...ent was an ex post facto law in violation of the federal and state constitutions). [12] 237 Ga. 269, 227 S.E.2d 241 (1976). [13] See id. at 272, 227 S.E.2d 241. [14] Id. at 272-273, 227 S.E.2d 241. [15] Ga. Const. art. VI, sec. VI, para. V; see OCGA § 5-6-15....
Copy

In Re Allan G. Stroh Et Al., 534 S.E.2d 790 (Ga. 2000).

Cited 7 times | Published | Supreme Court of Georgia | Sep 11, 2000 | 272 Ga. 894, 2000 Fulton County D. Rep. 3547

...Indeed, the only rules of procedure for reviewing a decision of the Court of Appeals by the writ of certiorari are Rules 38 through 45 of this Court. Hawes v. Dinkler, 224 Ga. 785, 786(1)(a), 164 S.E.2d 799 (1968). See also Ga. Const. of 1983, Art. VI, Sec. VI, Par. V; OCGA § 5-6-15; Holliman v....
Copy

Jackson v. State, 286 Ga. 407 (Ga. 2010).

Cited 3 times | Published | Supreme Court of Georgia | Jan 25, 2010 | 688 S.E.2d 351, 2010 Fulton County D. Rep. 168

...The Court of Appeals affirmed the denial of Jackson’s motion to vacate his convictions on May 19, 2009, and the petition for writ of certiorari was not filed in this Court until August 17, 2009, long after the 20-day deadline passed. Because the deadlines are mandated by our own Court Rules, not statute, compare OCGA § 5-6-15 (“The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of this state.”), with OCGA § 5-6-38 (a) (“A notice of appeal shall be filed wit...
Copy

Thompson v. Stinson, 611 S.E.2d 29 (Ga. 2005).

Cited 1 times | Published | Supreme Court of Georgia | Mar 28, 2005 | 279 Ga. 196, 5 Fulton County D. Rep. 927, 5 FCDR 927

...As the issues Stinson raised in his petition for habeas corpus have already been presented to the trial court, where relief was denied, and as Stinson has already had his appeal of that decision rejected by the appellate courts in the manner provided by law, see OCGA §§ 5-6-35(a)(7); 5-6-15, the habeas court should have dismissed *31 the petition as procedurally barred....
Copy

Bledsoe v. Banke, 258 Ga. 815 (Ga. 1989).

Published | Supreme Court of Georgia | Jan 19, 1989 | 376 S.E.2d 686

...This is a direct petition to this Court for a writ of mandamus to compel the Court of Appeals to accept the petitioner’s application for appellate review as timely filed. There being a specific remedy by certiorari, the right of mandamus does not lie. OCGA §§ 5-6-15; 9-6-20; McClung v....