Burgess v. Meinken

Court of Appeals of Georgia

Burgess v. Meinken

431 S.E.2d 704, 208 Ga. App. 587, 93 Fulton County D. Rep. 1810, 1993 Ga. App. LEXIS 678

CourtCourt of Appeals of Georgia

DecidedApril 21, 1993

DocketA92A0484

StatusPublished

This text of 431 S.E.2d 704 (Burgess v. Meinken) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burgess v. Meinken, 431 S.E.2d 704, 208 Ga. App. 587, 93 Fulton County D. Rep. 1810, 1993 Ga. App. LEXIS 678 (Ga. Ct. App. 1993).

Pincite

Opinion

Judge John W. Sognier.

After appellee Meinken was acquitted of a felony charge by operation of law, the superior court ordered the DeKalb County Police Department to expunge his arrest record, ostensibly pursuant to OCGA § 35-3-37. In Burgess v. Meinken, 204 Ga. App. 600 (420 SE2d 329) (1992), this court reversed the judgment of the trial court. However, on certiorari, the Supreme Court reversed the judgment of this court. Accordingly, the prior judgment of this court is vacated and the judgment of the Supreme Court is made the judgment of this court. The judgment of the trial court is reversed and the case is remanded for an application of the balancing test posited by the Supreme Court in Meinken v. Burgess, 262 Ga. 863 (426 SE2d 876) (1993).

Judgment reversed.

Pope, C. J., and Johnson,- J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judge John W. Sognier.

After appellee Meinken was acquitted of a felony charge by operation of law, the superior court ordered the DeKalb County Police Department to expunge his arrest record, ostensibly pursuant to OCGA § 35-3-37. In Burgess v. Meinken, 204 Ga. App. 600 (420 SE2d 329) (1992), this court reversed the judgment of the trial court. However, on certiorari, the Supreme Court reversed the judgment of this court. Accordingly, the prior judgment of this court is vacated and the judgment of the Supreme Court is made the judgment of this court. The judgment of the trial court is reversed and the case is remanded for an application of the balancing test posited by the Supreme Court in Meinken v. Burgess, 262 Ga. 863 (426 SE2d 876) (1993).

Judgment reversed.

Pope, C. J., and Johnson,- J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

431 S.E.2d 704, 208 Ga. App. 587, 93 Fulton County D. Rep. 1810, 1993 Ga. App. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-meinken-gactapp-1993.

Opinion

Related

Cite This Page — Counsel Stack