William Burke v. Rosa Childs, et al.
Preface : The first eight questions were presented to the Georgia Supreme Court in an
application for writ of certiorari, which was denied without comment, implying they lack
"gravity or great public importance". They are presented again here for this Court's
adjudication and opinion of their importance beyond the parties involved, which in turn would
answer Question 9.
1. Does OCGA § 42-12-8 unconstitutionally prevent equal access to the courts to a specific
group, i.e. incarcerated litigants?
2. Is OCGA § 42-12-8 void for vagueness?
3. Does OCGA § 42-12-8 serve any necessary state interest not otherwise achievable?
4. Is it fundamentally unfair not to provide inmates with ample warning of the procedural
morass of appeal upon notification of a dispositive ruling?
5. Does OCGA § 42-12-8 constructively amend OCGA § 5-6-35 which is contary of Ga.
Const. Article III, Section V, Paragraph IV?
6. Are Rules of the Court fundamentally unfair to incarcerated litigants when the time to
respond is lessened by the notification delays of the postal service and the prison
mailroom?
7. If an incarcerated litigant has paid out of pocket all filing fees should the State have any
interest in the proceedings?
8. If the trial courts don 't abide by OCGA § 43-12-6 is enforcement of OCGA § 43-12-8
precluded?
9. Does a challenge to the constitutionality of laws merit consideration in a state court,
irrespective of an article in that state's constitution that allows an arbitrary determination
of'public interest'?
Does OCGA § 42-12-8 unconstitutionally prevent equal-access-to-courts