Matthew Chan filed this appeal from a stalking permanent protective order
entered against him. He now asks that we transfer the case to the Supreme Court
because one of the issues on appeal will be whether the trial court’s order “improperly
restricted and violated the Appellant’s rights under the First Amendment of the
United States Constitution.” The Supreme Court has exclusive jurisdiction over “all
cases in which the constitutionality of a law, ordinance, or constitutional provision
has been called into question.” See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1);
Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996).
While this appeal may challenge the constitutionality of the trial court’s order, it does
not challenge the constitutionality of a law, ordinance, or constitutional provision.
Accordingly, it does not appear at this juncture that subject-matter jurisdiction is
proper in the Supreme Court. Chan’s motion to transfer is hereby DENIED.
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Published In: Civil Procedure Updates, Criminal Law Updates, Intellectual Property Updates, Privacy Updates
Reference Info:Decision | State, 11th Circuit, Georgia | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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