No. 18-6540

Maha Z. Rayan v. Georgia

Lower Court: Georgia
Docketed: 2018-11-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation
Latest Conference: 2019-03-22 (distributed 2 times)
Question Presented (from Petition)

The questions presented by this petition is Under The Fourth and Fourteenth Amendments rules is one of great concern, gravity, and public importance as follows:-

) The constitutionality to Use the Municipal City- the Georgia Department of Driver Services - "Uniform Traffic Citation" ["UTC1 under the regulations of Georgia Department of Driver Services, to arrest, seize items charge, As initial Accusation, and whether it could function as a valid Accusing charging instrument for State renal law of non- related traffic offense, and to try it in the Municipal City Court or in the State Court, in lieu of securing, where under the Fourth Amendment an arrest is effected without a warrant the Fourth Amendment requires a judicial determination of probable cause following arrest. Compare OCGA 17-4-62,'17-4-40.

) The Constitutionality of the State's Court judge whether his/her "authority as State's Court judge only allow[ed him] the authority to issue contempt order of arrest [warrant] for failure to appear, forcing the defendant to appear only before him and, by extension, to force the defendant to deliver excusive bail only to him on the initial traffic hold by Municipal City, Georgia, Uniform Traffic Citation ["UTC"I As initial Accusation for State penal law -non-traffic offense.

The Constitutionality of the State's Court judge to hold dual salaried taxed charged judicial benches, one is County elected, and the other one is City elected Mayor's appointment, each held seats concurrent and subordinate to each other where city and county are both gets funds from the U.S. Federal Funds.

Where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the U.S. Constitution.

Question Presented (AI Summary)

Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional

Docket Entries

2019-03-25
Rehearing DENIED.
2019-03-20
Request for recusal received from petitioner.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-01
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-06
Waiver of right of respondent Georgia to respond filed.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Maha Z. Rayan
Rayan Zakaria Rayan — Petitioner