Unofficial Opinions?

Discussion in 'GA Laws and Politics' started by GAGunOwner, Oct 12, 2006.

  1. jrm

    jrm Sledgehammer

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    1. Yes
    2. It likely will be answered.
    3. Easy

    That said, keep in mind that attorney general opinions (both official and unofficial) are not binding on anyone. While a probate court might choose to follow one, it does not have to.
     

  2. mzmtg

    mzmtg Active Member

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    Honestly, I'd rather have a pile of Federal Court oders telling the courts to follow the law than a single GA AG opinion telling them to do whatever they want.

    I don't think it's worth the risk, asking for an AG opinion that might not go the way we want.
     
  3. jrm

    jrm Sledgehammer

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    mzmtg, I tend to agree with you. Pending right now in state and federal appellate courts are cases regarding 60-day issue and SSN and employment information. The opinions of these courts (the GA court of appeals and the 11th Circuit) will be binding law throughout GA. At this point, an AG opinion on any of these issues is not needed.
     
  4. USMC - Retired

    USMC - Retired New Member

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    On a related note I talked to the AG yesterday about the request from the Governor's Office for a revised opinion on the 60 day issue that he still has on his desk. He was actually happy to hear from me and said that he expects to be able to address the issue within a few weeks but at this moment is still fighting through a bunch of stuff generated by the sex offender locations law. I will call him back in two weeks for an update and hopefully he will have some good news for us. I agreee that a federal court ruling would be great but it would still be good to have the AG's opinion thing fixed.
     
  5. ctdonath

    ctdonath Member

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    How can we encourage him to review the issue?
    The more people who show interest, the earlier he'll respond and the more seriously he'll take it.
     
  6. Gunstar1

    Gunstar1 Administrator

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    Technically nothing. The AG does not address the public in matters of law.

    Besides I have heard a rumor of something much better than a UO happening soon (an AG UO is not binding in the least). :-$
     
  7. mzmtg

    mzmtg Active Member

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    Now don't be that way...

    Spread the rumor here :D
     
  8. Gunstar1

    Gunstar1 Administrator

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    There should be more information later today, but for now I will just say it has to do with the 60 day issue and the Georgia Court of Appeals. 8)
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    GCO LINK

    :wink:

    When you click on the link above, you will be able to read the appellate brief already filed in the Georgia Court of Appeals, from which the following excerpt is taken:

     
  10. foshizzle

    foshizzle New Member

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    So what if the appeal is denied? Does that confirm that GA is officially a may-issue state? Could this go either way? Is the legalese sound?
     
  11. mzmtg

    mzmtg Active Member

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    Wow, that appellant's brief is infuriating.

    The judge basically does it her way, regardless of what the law says, and the trial court agreed! It makes me want to pull my hair out.
     
  12. Gunstar1

    Gunstar1 Administrator

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    The actual appeal cannot be denied, the second to last page explains it:
    de novo = over again, anew

    So the appeals case will be heard. As to the outcome, well it is a court case so anything can happen.
     
  13. kkennett

    kkennett New Member

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    Still I wouldn't give up on the AG either. After all, he is up for reelection and can be swayed by voters (presumably). Another other ammunition in our clip is helpful. Thus far, Mr. Baker has been pretty good and I will have to hold my nose and vote for a Democrat in his case.
     
  14. USMC - Retired

    USMC - Retired New Member

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    Contact your State Senator or Georgia House Rep or even the Governors office with all the details of what you need the opinion on and if they agree they will foward it on. This is how I got the Governor's Office to request a review of U78-45 which the AG is working now...