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  • MATTHEW CHAN v. LINDA ELLIS: ORDER Denying Transfer To Supreme Court

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    Timothy B McCormack
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    Matthew Chan filed this appeal from a stalking permanent protective order entered against him. He now asks that we transfer the case to the Supreme Court because one of the issues on appeal will be whether the trial court’s order “improperly restricted and violated the Appellant’s rights under the First Amendment of the United States Constitution.” The Supreme Court has exclusive jurisdiction over “all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1); Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996). While this appeal may challenge the constitutionality of the trial court’s order, it does not challenge the constitutionality of a law, ordinance, or constitutional provision. Accordingly, it does not appear at this juncture that subject-matter jurisdiction is proper in the Supreme Court. Chan’s motion to transfer is hereby DENIED

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    MATTHEW CHAN v. LINDA ELLIS: ORDER Denying Transfer to Supreme Court

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    Matthew Chan filed this appeal from a stalking permanent protective order entered against him. He now asks that we transfer the case to the Supreme Court because one of the issues on appeal will be whether the trial court’s order “improperly restricted and violated the Appellant’s rights under the First Amendment of the United States Constitution.” The Supreme Court has exclusive jurisdiction over “all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1); Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996). While this appeal may challenge the constitutionality of the trial court’s order, it does not challenge the constitutionality of a law, ordinance, or constitutional provision. Accordingly, it does not appear at this juncture that subject-matter jurisdiction is proper in the Supreme Court. Chan’s motion to transfer is hereby DENIED

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    14 views1 page

    MATTHEW CHAN v. LINDA ELLIS: ORDER Denying Transfer To Supreme Court

    Uploaded by

    Timothy B McCormack
    Matthew Chan filed this appeal from a stalking permanent protective order entered against him. He now asks that we transfer the case to the Supreme Court because one of the issues on appeal will be whether the trial court’s order “improperly restricted and violated the Appellant’s rights under the First Amendment of the United States Constitution.” The Supreme Court has exclusive jurisdiction over “all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1); Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996). While this appeal may challenge the constitutionality of the trial court’s order, it does not challenge the constitutionality of a law, ordinance, or constitutional provision. Accordingly, it does not appear at this juncture that subject-matter jurisdiction is proper in the Supreme Court. Chan’s motion to transfer is hereby DENIED

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    Court of Appeals of the State of Georgia

    ATLANTA,__________________ October 23, 2013 The Court of Appeals hereby passes the following order: A14A0014. MATTHEW CHAN v. LINDA ELLIS. Matthew Chan filed this appeal from a stalking permanent protective order entered against him. He now asks that we transfer the case to the Supreme Court because one of the issues on appeal will be whether the trial courts order improperly restricted and violated the Appellants rights under the First Amendment of the United States Constitution. The Supreme Court has exclusive jurisdiction over all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question. See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1); Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996). While this appeal may challenge the constitutionality of the trial courts order, it does not challenge the constitutionality of a law, ordinance, or constitutional provision. Accordingly, it does not appear at this juncture that subject-matter jurisdiction is proper in the Supreme Court. Chans motion to transfer is hereby DENIED.
    Court of Appeals of the State of Georgia Clerks Office, Atlanta,__________________ 10/23/2013 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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