Kennedy v. Carlton

HINES, Presiding Justice.

This is an appeal by the Warden from the superior court’s grant of habeas corpus relief to criminal defendant Lewis Alan Carlton, based upon the court’s determination that OCGA § 16-10-23, which criminalizes impersonating an individual serving in a public capacity, is constitutionally defective as vague and ambiguous. For the reasons that follow, we reverse.

On April 5, 2012, Carlton made several telephone calls to neighbors of the foster mother of Carlton’s three children. Representing himself as an employee with the Georgia Department of Family and Children Services…