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	<title>Comments for SCOG Blog - The Supreme Court of Georgia Blog</title>
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	<link>http://scogblog.com</link>
	<description>A closer look at the Supreme Court of Georgia</description>
	<lastBuildDate>Mon, 23 Jan 2012 14:07:18 +0000</lastBuildDate>
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		<title>Comment on Next Week at the Court by Watch Oral Arguments &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog</title>
		<link>http://scogblog.com/2012/01/20/next-week-at-the-court-22/#comment-426</link>
		<dc:creator><![CDATA[Watch Oral Arguments &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog]]></dc:creator>
		<pubDate>Mon, 23 Jan 2012 14:07:18 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.com/?p=1138#comment-426</guid>
		<description><![CDATA[[...] morning&#8217;s Supreme Court session live through the Court&#8217;s website. On Friday we posted a summary of the civil cases being argued. Like this:LikeBe the first to like this post.   from &#8594; Court News, Oral Argument [...]]]></description>
		<content:encoded><![CDATA[<p>[...] morning&#8217;s Supreme Court session live through the Court&#8217;s website. On Friday we posted a summary of the civil cases being argued. Like this:LikeBe the first to like this post.   from &rarr; Court News, Oral Argument [...]</p>
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		<title>Comment on Next Week at the Court by No Forthcoming Opinions &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog</title>
		<link>http://scogblog.com/2011/11/03/next-week-at-the-court-21/#comment-404</link>
		<dc:creator><![CDATA[No Forthcoming Opinions &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog]]></dc:creator>
		<pubDate>Fri, 04 Nov 2011 19:12:17 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=1091#comment-404</guid>
		<description><![CDATA[[...] Court will also be hearing oral argument beginning Monday morning at 10:00 am.    GA_googleAddAttr(&quot;AdOpt&quot;, &quot;1&quot;); GA_googleAddAttr(&quot;Origin&quot;, [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Court will also be hearing oral argument beginning Monday morning at 10:00 am.    GA_googleAddAttr(&quot;AdOpt&quot;, &quot;1&quot;); GA_googleAddAttr(&quot;Origin&quot;, [...]</p>
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		<title>Comment on New Grants of Petitions for Certiorari in Civil Cases by Cliff Head</title>
		<link>http://scogblog.com/2011/09/07/new-grants-of-petitions-for-certiorari-in-civil-cases-5/#comment-378</link>
		<dc:creator><![CDATA[Cliff Head]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 18:22:32 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=1016#comment-378</guid>
		<description><![CDATA[FYI, Firefox will not display the July cases at http://www.gasupreme.us/granted_apps/sc_gcmain11.php. There is junk in the page that needs to be cleaned up. Internet Explorer renders the page properly despite the filler.]]></description>
		<content:encoded><![CDATA[<p>FYI, Firefox will not display the July cases at <a href="http://www.gasupreme.us/granted_apps/sc_gcmain11.php" rel="nofollow">http://www.gasupreme.us/granted_apps/sc_gcmain11.php</a>. There is junk in the page that needs to be cleaned up. Internet Explorer renders the page properly despite the filler.</p>
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		<title>Comment on New StatPack for Supreme Court Year by August Recess &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog</title>
		<link>http://scogblog.com/2011/08/02/new-statpack-for-supreme-court-year/#comment-377</link>
		<dc:creator><![CDATA[August Recess &#171; SCOG Blog &#8211; The Supreme Court of Georgia Blog]]></dc:creator>
		<pubDate>Fri, 05 Aug 2011 18:40:20 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=1004#comment-377</guid>
		<description><![CDATA[[...] the recess, be sure to check out the SCOG Blog&#8217;s most recent Stat Pack, and some of the other great legal blogs out there, including the Daily Report&#8217;s ATLaw Blog [...]]]></description>
		<content:encoded><![CDATA[<p>[...] the recess, be sure to check out the SCOG Blog&#8217;s most recent Stat Pack, and some of the other great legal blogs out there, including the Daily Report&#8217;s ATLaw Blog [...]</p>
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		<title>Comment on Motions for Reconsideration Denied in Charter Schools Case by Georgia Supreme Court Refuses To Reconsider Charter Schools Case — Peach Pundit</title>
		<link>http://scogblog.com/2011/06/13/motions-for-reconsideration-denied-in-charter-schools-case/#comment-370</link>
		<dc:creator><![CDATA[Georgia Supreme Court Refuses To Reconsider Charter Schools Case — Peach Pundit]]></dc:creator>
		<pubDate>Mon, 13 Jun 2011 14:10:58 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=953#comment-370</guid>
		<description><![CDATA[[...] this one under &#8220;We&#8217;ve already told you once&#8221;: The Supreme Court of Georgia this morning denied the motions for reconsideration filed by the State [...]]]></description>
		<content:encoded><![CDATA[<p>[...] this one under &#8220;We&#8217;ve already told you once&#8221;: The Supreme Court of Georgia this morning denied the motions for reconsideration filed by the State [...]</p>
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		<title>Comment on Analysis of Charter Schools Decision by Bryan Tyson</title>
		<link>http://scogblog.com/2011/05/16/analysis-of-charter-schools-decision/#comment-353</link>
		<dc:creator><![CDATA[Bryan Tyson]]></dc:creator>
		<pubDate>Mon, 16 May 2011 18:19:50 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=895#comment-353</guid>
		<description><![CDATA[The AJC is also collecting responses on this blog post: http://blogs.ajc.com/get-schooled-blog/2011/05/16/reaction-to-charter-schools-decision-state-pledges-flexibility-but-dont-schools-really-need-money/]]></description>
		<content:encoded><![CDATA[<p>The AJC is also collecting responses on this blog post: <a href="http://blogs.ajc.com/get-schooled-blog/2011/05/16/reaction-to-charter-schools-decision-state-pledges-flexibility-but-dont-schools-really-need-money/" rel="nofollow">http://blogs.ajc.com/get-schooled-blog/2011/05/16/reaction-to-charter-schools-decision-state-pledges-flexibility-but-dont-schools-really-need-money/</a></p>
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		<title>Comment on Analysis of Charter Schools Decision by Bryan Tyson</title>
		<link>http://scogblog.com/2011/05/16/analysis-of-charter-schools-decision/#comment-352</link>
		<dc:creator><![CDATA[Bryan Tyson]]></dc:creator>
		<pubDate>Mon, 16 May 2011 18:18:40 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=895#comment-352</guid>
		<description><![CDATA[I&#039;m not sure anyone knows quite yet what the impact is on students enrolled in the schools. According to the comments at PeachPundit (which is collecting some of the responses), the State DOE is still analyzing what the impact is on already-operating charters: http://www.peachpundit.com/2011/05/16/state-supremes-to-low-income-georgia-students-youll-go-to-school-where-youre-told-and-youll-like-it/]]></description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure anyone knows quite yet what the impact is on students enrolled in the schools. According to the comments at PeachPundit (which is collecting some of the responses), the State DOE is still analyzing what the impact is on already-operating charters: <a href="http://www.peachpundit.com/2011/05/16/state-supremes-to-low-income-georgia-students-youll-go-to-school-where-youre-told-and-youll-like-it/" rel="nofollow">http://www.peachpundit.com/2011/05/16/state-supremes-to-low-income-georgia-students-youll-go-to-school-where-youre-told-and-youll-like-it/</a></p>
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		<title>Comment on Analysis of Charter Schools Decision by Robert</title>
		<link>http://scogblog.com/2011/05/16/analysis-of-charter-schools-decision/#comment-351</link>
		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Mon, 16 May 2011 15:56:05 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=895#comment-351</guid>
		<description><![CDATA[Bryan what does this do to the transcripts of the children that have been enrolled at the commission charter schools?  Are they lost years of education?]]></description>
		<content:encoded><![CDATA[<p>Bryan what does this do to the transcripts of the children that have been enrolled at the commission charter schools?  Are they lost years of education?</p>
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		<title>Comment on Extending a Term of Court for the Charter Schools Commission Case by J. Clifford Head</title>
		<link>http://scogblog.com/2011/03/30/extending-a-term-of-court-for-the-charter-schools-commission-case/#comment-320</link>
		<dc:creator><![CDATA[J. Clifford Head]]></dc:creator>
		<pubDate>Thu, 31 Mar 2011 15:04:12 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=841#comment-320</guid>
		<description><![CDATA[&quot;Extending the term&quot; to hear a post-disposition motion for reconsideration is one thing, but extending the term relative to a single as-yet-undecided case would render meaningless the constitutional mandate that the Court &quot;dispose of every case at the term for which it is entered on the court&#039;s docket for hearing or at the next term&quot; as required under Art. 6, § 9 ¶ 2. When has that ever been attempted? &quot;Infrequently&quot; implies that there is at least one precedent for what the Court purports to do here. Having said that, while the statutory 15 day rule under OCGA § 15-2-4 is good policy, it is certainly not absolutely binding on the Supreme Court. It follows that there is still time to dispose of this case by the constitutional deadline. Still, under our constitution &quot;every&quot; September term case must be decided before the end of the January term. No statute can trump this constitutional imperative. The January term of Court is not being extended for &quot;every&quot; case, so the deadline is the deadline. But that deadline is still a couple of weeks away, so there is still time to avoid a constitutional crisis over whether this appeal has been disposed of by operation of law. And of course, since an affirmance by operation of law does not involve consideration of the merits of the appeal, &quot;extending the term&quot; for a motion for reconsideration would not lie with respect to such a disposition.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Extending the term&#8221; to hear a post-disposition motion for reconsideration is one thing, but extending the term relative to a single as-yet-undecided case would render meaningless the constitutional mandate that the Court &#8220;dispose of every case at the term for which it is entered on the court&#8217;s docket for hearing or at the next term&#8221; as required under Art. 6, § 9 ¶ 2. When has that ever been attempted? &#8220;Infrequently&#8221; implies that there is at least one precedent for what the Court purports to do here. Having said that, while the statutory 15 day rule under OCGA § 15-2-4 is good policy, it is certainly not absolutely binding on the Supreme Court. It follows that there is still time to dispose of this case by the constitutional deadline. Still, under our constitution &#8220;every&#8221; September term case must be decided before the end of the January term. No statute can trump this constitutional imperative. The January term of Court is not being extended for &#8220;every&#8221; case, so the deadline is the deadline. But that deadline is still a couple of weeks away, so there is still time to avoid a constitutional crisis over whether this appeal has been disposed of by operation of law. And of course, since an affirmance by operation of law does not involve consideration of the merits of the appeal, &#8220;extending the term&#8221; for a motion for reconsideration would not lie with respect to such a disposition.</p>
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		<title>Comment on Jurisdiction of the Georgia Supreme Court by J. Clifford Head</title>
		<link>http://scogblog.com/2010/09/14/jurisdiction-of-the-georgia-supreme-court/#comment-134</link>
		<dc:creator><![CDATA[J. Clifford Head]]></dc:creator>
		<pubDate>Wed, 15 Sep 2010 16:02:59 +0000</pubDate>
		<guid isPermaLink="false">http://scogblog.wordpress.com/?p=619#comment-134</guid>
		<description><![CDATA[A passage from the Lamar case that the dissent cites:

    Likewise, the citation to two opinions of the Court of Appeals to establish that &quot;this Court has historically transferred mandamus cases to the Court of Appeals&quot; cannot be relied upon.  Those cases, Bd. of Trustees &amp;c. v. Mabry, 221 Ga. App. 762, 763 (fn. 3) (472 SE2d 542) (1996), and King v. Bd. of Ed. &amp;c., 214 Ga. App. 325, 326 (fn. 1) (447 SE2d 657) (1994), were transferred by error during a period of development of the law of this Court&#039;s equity jurisdiction, and relied on this Court&#039;s decision in Beauchamp v. Knight, supra.  As the Court of Appeals correctly noted in a footnote in King, supra, &lt;i&gt;&quot;Beauchamp appears to rely, at least in part, on the traditional distinction between law and equity. However, that rationale is inapplicable to mandamus cases, since ‘the writ of mandamus is a common law writ, with which equity has nothing to do.&#039; [Cit.]&quot;&lt;/i&gt;  Thus, contrary to the dissent&#039;s assertion, the principle that when the relief sought is simply ancillary to the determination of the underlying legal issue, the case is not within this Court&#039;s equity jurisdiction, does not apply equally to this Court&#039;s jurisdiction over cases involving extraordinary remedies.  Jurisdiction over this case belongs where the Constitution placed it, in this Court.

***

Is it just me or is that footnote from the King case pointing out conclusively the error of the Supreme Court&#039;s transferring ways at that time in so few words magically delicious?]]></description>
		<content:encoded><![CDATA[<p>A passage from the Lamar case that the dissent cites:</p>
<p>    Likewise, the citation to two opinions of the Court of Appeals to establish that &#8220;this Court has historically transferred mandamus cases to the Court of Appeals&#8221; cannot be relied upon.  Those cases, Bd. of Trustees &amp;c. v. Mabry, 221 Ga. App. 762, 763 (fn. 3) (472 SE2d 542) (1996), and King v. Bd. of Ed. &amp;c., 214 Ga. App. 325, 326 (fn. 1) (447 SE2d 657) (1994), were transferred by error during a period of development of the law of this Court&#8217;s equity jurisdiction, and relied on this Court&#8217;s decision in Beauchamp v. Knight, supra.  As the Court of Appeals correctly noted in a footnote in King, supra, <i>&#8220;Beauchamp appears to rely, at least in part, on the traditional distinction between law and equity. However, that rationale is inapplicable to mandamus cases, since ‘the writ of mandamus is a common law writ, with which equity has nothing to do.&#8217; [Cit.]&#8220;</i>  Thus, contrary to the dissent&#8217;s assertion, the principle that when the relief sought is simply ancillary to the determination of the underlying legal issue, the case is not within this Court&#8217;s equity jurisdiction, does not apply equally to this Court&#8217;s jurisdiction over cases involving extraordinary remedies.  Jurisdiction over this case belongs where the Constitution placed it, in this Court.</p>
<p>***</p>
<p>Is it just me or is that footnote from the King case pointing out conclusively the error of the Supreme Court&#8217;s transferring ways at that time in so few words magically delicious?</p>
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