Hardrick v. Morgan

McMurray, Presiding Judge.

David Hardrick was convicted and sentenced upon an indictment for aggravated assault that “was so fundamentally flawed,” the Supreme Court of Georgia affirmed the grant of habeas corpus, ordering Hardrick’s release from prison. Smith v. Hardrick, 266 Ga. 54 (464 SE2d 198). Hardrick subsequently sued the District Attorney for DeKalb County, J. Tom Morgan, alleging a constitutional tort, but in an order entered June 14, 1998, the superior court granted Morgan’s motion to dismiss. Hardrick’s motion for reconsideration of that June 14 order was denied on July 20, 1998,…