Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe

Court of Appeals of Georgia

Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe

DecidedJune 22, 2015

DocketA15A1810

StatusPublished

This text of Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe (Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe) 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.

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Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe, (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 18, 2015

The Court of Appeals hereby passes the following order:

A15A1810. TASHA M. MOSLEY, IN HER CAPACITY AS SOLICITOR GENERAL OF CLAYTON COUNTY et al. v. BELINDA LOWE.

Tasha Mosley, the Clayton County Solicitor, denied Belinda Lowe’s application for record restriction or expungement pursuant to OCGA § 35-3-37. Lowe petitioned the Superior Court of Clayton County for judicial review of the denial of her restriction request. Mosley responded, arguing that OCGA § 35-3-37 (2010), the version of the statute in effect at the time the offense was committed, applied and therefore the application was properly denied under OCGA § 35-3-37 (d) (7) (C) (2010). Mosley also asserted that applying amended OCGA § 35-3-37 (2014) retroactively would be unconstitutional. The trial court, however, found that OCGA § 35-3-37 (2014) can be constitutionally applied to offenses committed prior to July 1, 2013 and granted Lowe’s record restriction request. Mosley then filed this direct appeal. The Supreme Court “has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996); Ga. Const. of 1983, Art. VI, Sec. VI, Para. II. This Court has no jurisdiction to determine the constitutionality of a state law unless the law has been held to be constitutional on the same grounds raised in a prior appeal or the question involves the application of unquestioned and unambiguous provisions of the Constitution. Zepp v. Mayor & Council of the City of Athens, 255 Ga. 449, 451 (2) (339 SE2d 576) (1986). Because this case involves a constitutional challenge to a new statute, it is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 06/18/2015 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ June 18, 2015

The Court of Appeals hereby passes the following order:

A15A1810. TASHA M. MOSLEY, IN HER CAPACITY AS SOLICITOR GENERAL OF CLAYTON COUNTY et al. v. BELINDA LOWE.

Tasha Mosley, the Clayton County Solicitor, denied Belinda Lowe’s application for record restriction or expungement pursuant to OCGA § 35-3-37. Lowe petitioned the Superior Court of Clayton County for judicial review of the denial of her restriction request. Mosley responded, arguing that OCGA § 35-3-37 (2010), the version of the statute in effect at the time the offense was committed, applied and therefore the application was properly denied under OCGA § 35-3-37 (d) (7) (C) (2010). Mosley also asserted that applying amended OCGA § 35-3-37 (2014) retroactively would be unconstitutional. The trial court, however, found that OCGA § 35-3-37 (2014) can be constitutionally applied to offenses committed prior to July 1, 2013 and granted Lowe’s record restriction request. Mosley then filed this direct appeal. The Supreme Court “has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996); Ga. Const. of 1983, Art. VI, Sec. VI, Para. II. This Court has no jurisdiction to determine the constitutionality of a state law unless the law has been held to be constitutional on the same grounds raised in a prior appeal or the question involves the application of unquestioned and unambiguous provisions of the Constitution. Zepp v. Mayor & Council of the City of Athens, 255 Ga. 449, 451 (2) (339 SE2d 576) (1986). Because this case involves a constitutional challenge to a new statute, it is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 06/18/2015 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Tasha M. Mosely, in Her Official Capacity as Solicitor General of Clayton County v. Belinda Lowe, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tasha-m-mosely-in-her-official-capacity-as-solicit-gactapp-2015.

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