State v. Smith

Court of Appeals of Georgia

Decided January 11, 1988

Court of Appeals of Georgia · decided 1988-01-11

Relies on Democratic Party of the United States v. Wisconsin ex rel. La Follette · 153 Ga. App. 556 - Lamb v. Sims

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-11

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Cited by 7 later decisions — most recently June 2017

7 state decisions

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¶1On Motion for Rehearing.

¶2We have carefully re-examined this entire record and affirm our original decision. The trial judge’s order granting appellee’s plea in bar, which contains certain findings of fact and conclusions of law, speaks for itself. The trial judge is vested with broad powers in order to fulfill the duties and obligations of office. See, e.g., OCGA §§ 15-1-3 *697(6) and (7); 15-6-9 (8); 15-7-43. Moreover, it is presumed that a trial judge performs his official duties in a lawful manner, and not in excess of his authority. See, e.g., Lamb v. Sims, 153 Ga. App. 556, 557 (265 SE2d 879), cert. den. 449 U. S. 901. We find no error present in the granting of appellee’s plea in bar.

Decided January 11, 1988Rehearing denied February 1, 1988Ken Stula, Solicitor, Dean C. Broome, Jr., for appellant.Foy S. Horne, Jr., Lawton E. Stephens, for appellee.

¶3Motion for rehearing denied.