No. 21-7554

William Burke v. Rosa Childs, et al.

Lower Court: Georgia
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge court-access due-process incarcerated-litigants necessary-state-interest procedural-fairness statutory-amendment statutory-interpretation void-for-vagueness
Latest Conference: 2022-06-02
Question Presented (from Petition)

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'?

Question Presented (AI Summary)

Does OCGA § 42-12-8 unconstitutionally prevent equal-access-to-courts

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-04-11
Waiver of right of respondent State of Georgia to respond filed.
2022-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

State of Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
William Burke
William Burke — Petitioner