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Powell V Obama, Emergency Motion For Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012
Powell V Obama, Emergency Motion For Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012
Powell V Obama, Emergency Motion For Injunction Pending Appeal, Georgia Supreme Court, 3-13-2012
* * *
CASE NO.
v.
BARACK OBAMA,
* *
Respondent
EMERGENCY
PENDING APPEAL
J. MARK HATFIELD HATFIELD & HATFIELD, P.C. Attorney for Applicant 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820 Georgia Bar No. 337509 mhatfield@wavxcable.com
*
*
Applicant
v.
BARACK OBAMA,
* * *
CASE NO.
Respondent EMERGENCY
PENDING APPEAL
Application
herein,
and in
of this Motion,
following:
1.
The above-captioned Appeal case is an Application For Discretionary "Order Granting from the SupE!rior Court of Fulton County's Barack Obama's Motion to Dismiss"
Respondent
in Applicant's of
a Final Decision
Secretary
challenge
to the qU2lifications
of Respondent
candid2.te, to seek and hold the Office of the States, and finding Respondent primary Obama
of the united
election.
Page -1-
certification State.
of thE! results
Secretary
3. O.C.G.A. appellate
Appeal
involves,
among
issue of constitutional
law, i.e.
or not Respc,ndent, whose father was a foreign national ~tates citizen, requirement meets the "natural born
I, Clause
eligibility
of Article
II, Section
5 of the United
States Constitution.
5.
Unless pending the Supreme Court grants a preliminary injunction
appeal with regard to the Secretary certification Presidential of the results Preference
of State's
anticipated Democratic
Primary Election,
Page -2-
nevertheless
Applic2nt
anticipates
that Respondent
6.
Applicant "[t]he ShOWE that pursuant to O.C.G.A.
21-2-5(e),
while
shall not itself stay the decision ...the reviewing court may order a Further, court,
of the Secretary
5-3-28(b),
to superior
that "[t]hE
5-6-46(e) courts
("Nothing in this Code section of their separate power to grant the appellate
shall deprive
the superior
ir such manner
the ends of justice~). 7. Applicant submits that, in order that Applicant Court's decision may seek to
by the Supreme
issue of constitutional
interpretation decisively
adjudicated,
Page -3-
preliminary Secretary
injunctj.on pending
appeal with regard to the certification Preference requests herein. of the results of
the Georgia
Presidential
Applicant recuested
& HATFIELD,
P.C.
201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820
31502
Page -4-
CERTIFICATE
I,
certify Motion
J. Mark Hatfield,
Attorney
that I have this day served the foregoing For Injunctic)n Pending Appeal upon:
Mr. Michael K. Jablonski Attorney at Law 2221-D Peachtree Road NE Atlanta, Georgia 30309
Honorable Brian P. Kemp Secretary of State State of Georgia 214 State Capitol Atlanta, Georgia 30334 by placing addressed a copy of same in the United envelope ~'ith sufficient delivery, States Mail in a properly affixed thereto in
postage
and by emailing
and by emailing
to Secretary
& HATFIELD,
P.C.
201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820
31502