Public-domain · open source
OpenJurist

157 Ga. App. 367

Harris v. State

Court of Appeals of Georgia

Decided February 5, 1981

Court of Appeals of Georgia · decided 1981-02-05

Cited by 3 later decisions — most recently July 1985

3 state decisions

Key passage — most relied on by later courts

“Inasmuch as all cases involving the constitutionality of any state law are solely within the jurisdiction of our Supreme Court and this case was transferred here, we deem that court to have determined that the constitutional issue was not properly raised or was otherwise not before the court on appellate review.”

quoted by 1 later decision, including 175 Ga. App. 361 - Matter of Jss

Relies on State v. Harris · 155 Ga. App. 278 - Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-05

View the full empirical analysis of this case →

Pope, Judge.

¶1The opinion of this court in Harris v. State, 155 Ga. App. 278 (270 SE2d 854) (1980) was reversed by the Supreme Court on certiorari (246 Ga. 759 (272 SE2d 719) (1980)) and remanded to this court for such further action as may be necessary.

¶2In our previous opinion we did not reach the merits of appellant’s other enumeration of error in which she contended that Code § 27-205 was unconstitutional as being violative of the Fourth and Fourteenth Amendments to the United States Constitution. However, this appeal was initially filed in the Supreme Court of Georgia and by order transferred to this court for decision. Inasmuch as all cases involving the constitutionality of any state law are solely within the jurisdiction of our Supreme Court and this case was' transferred here, we deem that court to have determined that the constitutional issue was not properly raised or was otherwise not before the court on appellate review.

¶3The judgment of this court is vacated and the judgment of the trial court is affirmed.

¶4Judgment affirmed.

Quillian, C. J., Deen,P. J., McMurray, P. J., Shulman, P. J., Banke, Birdsong, Carley and Sognier, JJ., concur.
/157/gaapp/367 · .json · Public domain