Legal Opinion · Dissent

Dempsey v. Kaminski Jewelry, Inc.

Court of Appeals of Georgia

Decided March 28, 2006No. A05A2142Published

1DissentBernes, Judge

I respectfully dissent from Division 1 (a) (ii) and thus from the judgment reached by the majority. In that division, the majority addresses whether compelling the Dempseys to produce certain financial documents to Kaminski Jewelry, Inc. violates the Dempseys’ federal and state constitutional privilege against self-incrimination. Georgia precedent, not addressed by the majority, clearly establishes that forcing a party to produce documents can violate the privilege against self-incrimination embedded in the Georgia Constitution. See Ga. Const. of 1983, Art. I, Sec. I, Par. XVI; OCGA § 24-9-27…

2Cases cited23 opinions

  1. Fisher v. United StatesSupreme Court of the United States · 1976
  2. United States v. DoeSupreme Court of the United States · 1984
  3. United States v. HubbellSupreme Court of the United States · 2000
  4. Creamer v. StateSupreme Court of Georgia · 1972
  5. In Re Grand Jury Subpoena Duces Tecum Dated October 29, 1992. United States of America v. John DoeCourt of Appeals for the Second Circuit · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API