Matthew Chan v Linda Ellis

Court of Appeals of the State of Georgia Order


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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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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