IN THE SUPREME COURT STATE OF GEORGIA KEVIN RICHARD Applicant POWELL

,

* * *
CASE NO.

v.
BARACK OBAMA,

* *

Respondent

EMERGENCY

ll-fOTION FOR INJUNCTION

PENDING APPEAL

J. MARK HATFIELD HATFIELD & HATFIELD, P.C. Attorney for Applicant 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820 Georgia Bar No. 337509 mhatfield@wavxcable.com

IN THE SUPREME COURT STATE OF GEORGIA
KEVIN RICHARD POWELl.,

*
*

Applicant

v.
BARACK OBAMA,

* * *

CASE NO.

Respondent EMERGENCY

:MOTION FOR INJUNCTION Kevin Richard

PENDING APPEAL

Now comes Applicant undersigned counsel,

Powell, by and through basis

and moves the Court on an emergency determination Appeal of

for an injunction Applicant's support

pE!nding this Court's

Application

For Discretionary Applicant

herein,

and in

of this Motion,

shows to the Court the

following:

1.
The above-captioned Appeal case is an Application For Discretionary "Order Granting from the SupE!rior Court of Fulton County's Barack Obama's Motion to Dismiss"

Respondent

in Applicant's of

Fulton Superior Georgia

Court action appealing of State Brian P.

a Final Decision

Secretary

Kemp denying Applicant's Barack Obama, a

challenge

to the qU2lifications

of Respondent

presidential President eligible

candid2.te, to seek and hold the Office of the States, and finding Respondent primary Obama

of the united

as a candiclate for the presidential

election.
Page -1-

2. The Georgia Election Denlocratic Presidential 6, Preference Primary the of

was held orlMarch

2012 and is now pending thereof by the Georgia

certification State.

of thE! results

Secretary

3. O.C.G.A. appellate

§

21-;:-5(e) gives Applicant decision

the right to seek of the Superior Court

review of the adverse

below in this matter'.
4.

This Applicatic1n For Discretionary other issues, whether a sigrificant

Appeal

involves,

among

issue of constitutional

law, i.e.

or not Respc,ndent, whose father was a foreign national ~tates citizen, requirement meets the "natural born
I, Clause

and never a United Citizen"

eligibility

of Article

II, Section

5 of the United

States Constitution.

5.
Unless pending the Supreme Court grants a preliminary injunction

appeal with regard to the Secretary certification Presidential of the results Preference

of State's

anticipated Democratic

of the Georgia Respondent

Primary Election,

will likely claim that Applicant's certification disagree, proce~:s is completed.

action is moot after the Although Applicant would

and does disagree,

with any such claim by Respondent,

Page -2-

nevertheless

Applic2nt

anticipates

that Respondent

would probably on the

make such an argumerlt in an effort to avoid a decision merits of this appe2l.

6.
Applicant "[t]he ShOWE that pursuant to O.C.G.A.

§

21-2-5(e),

while

filing of thE petition of Stater,]

shall not itself stay the decision ...the reviewing court may order a Further, court,

of the Secretary

stay upon appropriate O.C.G.A. provides

terms for good cause shown." applicable superior to appeals

§

5-3-28(b),

to superior

that "[t]hE

court may issue such orders and on appeal."

writs as may be necEssary Applicant

in aid of its jurisdiction

submits ttat the Supreme Court would have no less See

authori ty than a sur:>eriorcourt to grant such relief. O.C.G.A.

§

5-6-46(e) courts

("Nothing in this Code section of their separate power to grant the appellate

shall deprive

the superior

supersedeas ...nor dEprive grant supersedeas

courts of the power to to meet

ir such manner

as they may determine

the ends of justice~). 7. Applicant submits that, in order that Applicant Court's decision may seek to

secure a review of the Superior Court,

by the Supreme

and in order that the significant raisEd by Applicant's

issue of constitutional

interpretation decisively

action may be finally and

adjudicated,

the Supreme Court should grant a

Page -3-

preliminary Secretary

injunctj.on pending

appeal with regard to the certification Preference requests herein. of the results of

of State'~: anticipated Democratic

the Georgia

Presidential

Primary Election. that this Court

WHEREFORE, grant the relief

Applicant recuested

respectfully by Applicant 2012. HATFIELD

This 12th day of March,

& HATFIELD,

P.C.

201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820

31502

Page -4-

CERTIFICATE

OF SERVICE for Applicant, do hereby Emergency

I,
certify Motion

J. Mark Hatfield,

Attorney

that I have this day served the foregoing For Injunctic)n Pending Appeal upon:

Mr. Michael K. Jablonski Attorney at Law 2221-D Peachtree Road NE Atlanta, Georgia 30309

Honorable Brian P. Kemp Secretary of State State of Georgia 214 State Capitol Atlanta, Georgia 30334 by placing addressed a copy of same in the United envelope ~'ith sufficient delivery, States Mail in a properly affixed thereto in

postage

order to insure proper Jablonski

and by emailing

same to Mr. same

at michael.4ablonski@comcast.net Kemp at vrusso@sos.qa.oov. 2012. HATFIELD

and by emailing

to Secretary

This 12th day cf March,

& HATFIELD,

P.C.

201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820

31502