No. 18-6540

Maha Z. Rayan v. Georgia

Lower Court: Georgia
Docketed: 2018-11-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation
Key Terms:
DueProcess FourthAmendment CriminalProcedure Securities JusticiabilityDoctri
Latest Conference: 2019-03-22 (distributed 2 times)
Question Presented (AI Summary)

Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional

Question Presented (OCR Extract)

questions presented by this petition is Under The Fourth and Fourteenth Amendments rules is one of great concern, gravity, and public importance as follows:@ The constitutionality to Use the Municipal Citythe Georgia Department of Driver Services"Uniform Traffic Citation" ["UTC"] under the regulations of Georgia Department of Driver Services, to arrest, seize items , charge, As initial Accusation, and whether it could function as a valid Accusing charging instrument for State penal law of nonrelated traffic offense, and to try it in the Municipal City Court or in the State Court, in lieu of securing, where under the Fourth Amendment an arrest is effected without a warrant the Fourth Amendment requires a _ judicial determination of probable cause following arrest. Compare OCGAS§ 17-4-62;17-4-40. ; (2) The Constitutionality of the State’s Court judge whether his/her "authority as State’s Court judge only allowled him] the authority to issue contempt order of arrest [warrant] for failure to appear, forcing the defendant to appear only before him and, by extension, to force the defendant to deliver excusive bail only to him on the initial traffic hold by Municipal City, Georgia, Uniform Traffic Citation ["UTC"] As initial Accusation for State penal law -non-traffic offense. (3) The Constitutionality of the State’s Court judge to hold dual salaried taxed charged judicial benches, one is County elected, and the other one is City elected Mayor's appointment, each held seats concurrent and subordinate to each other where city and county are both gets funds from the U.S. Federal Funds. Where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the U.S. Constitution. Under Georgia law the Uniform Traffic Citations issued at the time of defendant's arrest would suffice to prosecute the trafficrelated offenses, within OCGA 40-13-1; 40-13-3; 40-13-24; and the Rules of Department of Public Safety, Rule 570-19-.01. The legislature of State of Georgia inserted a new Code section to address this On May 9, 2002, the former and the eightieth Governor of Georgia, was sworn in as the eightieth governor from [January 11, 1999 UNTIL January 13, 2003, Attorney, Mr. "Roy Eugene Barnes", Bar #: 039000 signed into law a bill that amended Article 1 of Chapter 32 of Title 36, and added OCGA § 36-32-10.2, which states, “Notwithstanding ii any other contrary provision of law, in municipal courts which have jurisdiction over misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation.” (Act 775; GHB 1169) 1. Ga. L.2002, pp. 627-628., and also added 0.C.G.A. 36-32-9. to provide that: (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first, second, or third offense of the "Divisible" Georgia penal statute O.C.G.A. § 16-8-14 Theft By Shoplifting when the property which was the subject of the theft was valued at $300.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. In 2003 Justice [ P. Harris Hines, Current Chief Justice of Supreme Court of Georgia ] in CITY OF PEACHTREE v. : SHAVER] opinion No. [S02G0702] [Decided: March 10, 2003] by ; which authorized law enforcement to arrest, charge, State penal law non-related traffic misdemeanor offenses by Municipal City the Georgia Department of Driver Services: " Uniform Traffic Citation" ["UTC"] As initial Accusation to try it in municipal courts, which triggered this petition to your honorable court as a result of the petitioner to be punished for exercising her legal rights in this regard in the Supreme Court of Georgia on January 19, 2017 by jailing her by the in dispute in this petition Trial 1:29 PM -January 20, 2

Docket Entries

2019-03-25
Rehearing DENIED.
2019-03-20
Request for recusal received from petitioner.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-01
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-06
Waiver of right of respondent Georgia to respond filed.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Maha Z. Rayan
Rayan Zakaria Rayan — Petitioner
Rayan Zakaria Rayan — Petitioner