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Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
Cincinnati Enquirer v. Bloom
Found the blanket sealing of a juvenile’s delinquency records when the juvenile is found not delinquent — the juvenile equivalent of not guilty — unconstitutional because there was no determination that the harm to the juvenile outweighed the public’s right to access court records
Gonzalez v. Miller
Unanimously affirmed the denial of a district attorney’s effort to dismiss a state Open Records Act request relating to her office’s “failure . . . to effectively prosecute criminal cases, and an open disregard for the laws of the State of Georgia"
Paschall v. Thurston
Ruled that votes for a proposed marijuana-related amendment will not be counted because the name and ballot description for the measure are misleading
Genser v. Butler County Board of Elections
Held citizens whose mail-in ballots were disqualified for a failure to return them in the required secrecy envelope have a right to cast a provisional ballot and have it count.
Commonwealth v. Yard
Held that the evidentiary limitation that requires that "proof is evident or presumption great," which calls for a burden of proof between probable cause and beyond a reasonable doubt, does not apply to the life-offense exception to the right to bail under the state constitution
State ex rel. Collar v. Evnen
Held that referendum seeking to repeal act providing scholarships to eligible students to cover costs of schooling did not make an "appropriation" within the meaning of constitutional exception to referendum power
State ex rel. Elizabeth Constance v. Evnen
Held that voter ballot initiative, which proposed to amend the state constitution to limit abortion in the second and third trimesters, did not violate the single subject rule
Richard v. Governor
Ruled that the state constitutional provision governing choice of governor, council, and senators did not mandate that votes must be counted by hand
Albert M. Rosenblatt
Albert M. Rosenblatt is the Historian for New York’s Unified Court System and teaches at NYU Law School. He served as a judge in New York, including its highest court, the Court of Appeals...
