Legal Opinion

Kolker v. State

Supreme Court of Georgia

Decided May 11, 1990No. S90A0137PublishedCited by 21 opinions

1Opinion of the Court

Fletcher, Justice.

The Court of Appeals transferred this case, Kolker v. State, 193 Ga. App. 306 (387 SE2d 597) (1989), to us on the ground that it involves a construction of the state constitution and is thus within this Court’s exclusive appellate jurisdiction. Art. VI, Sec. VI, Par. II (1) of the Ga. Const, of 1983. We agree.

Presented for decision are perennial issues of Georgia law concerning the extent to which the General Assembly is authorized to vest municipal courts with jurisdiction preempting enforcement of state criminal laws in state courts. Such a preemption exists in two…

2Cases cited14 opinions

  1. Waller v. FloridaSupreme Court of the United States · 1970
  2. Welborne v. StateSupreme Court of Georgia · 1902
  3. Clarke v. JohnsonSupreme Court of Georgia · 1945
  4. Jenkins v. JonesSupreme Court of Georgia · 1953
  5. Hood v. Von GlahnSupreme Court of Georgia · 1892

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Phillips v. MacDougaldCourt of Appeals of Georgia · 1995
  2. Ziahonna Teagan v. The City of McDonough, GeorgiaCourt of Appeals for the Eleventh Circuit · 2020
  3. Reed v. StateCourt of Appeals of Georgia · 1997
  4. Nguyen v. StateSupreme Court of Georgia · 2007
  5. Whaley v. StateSupreme Court of Georgia · 1990

16 more not listed; retrieve them via the Exa API.

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