Atlanta, GA asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia

Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the prosecutor. Kyles v. Whitley( 1995). Prior t that decision there came US v. Bageley. So how can Georgia keep that ruling as good law.

1 Lawyer Answer
David Edward Boyle
David Edward Boyle
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Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

Tim Akpinar agrees with this answer

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