2012-02-22 - powell v obama (appeal fcsc) - motion for expedited review or alternatively for stay

8/3/2019 2012-02-22 - POWELL v Obama (APPEAL FCSC) - Motion for Expedited Review or Alternatively for Stay

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IN THE SUPERXOR COURT OF FULTON COUNTY

STATE OF GEORGIA

KEVIN RICHARD POWELL, *

Petitioner * CIVIL ACTION

V. * FILE NO. 2012CV211528.

BARACR OBAMA, *

Respondent *

MOTION FOR EXPEDITED REVIEW OR" ALTERNATIVELY,FOR STAY OF DECISION OF SECRETARY OF STATE AND FOR

POSTPONEMENT OF PRESIDENTIAL PREFERENCE PRIMARY ,ELECTION

Now comes Petitioner Kevin Richard Powell, by and through

undersigned counsel, and moves the Court for an expedited review

of the above-captioned appellate proceeding or, in the

alternative, for a stay of the Final Decision of the Georgia

secretary of State"herein and for a postponement of the Georgia'

Presidential Preference Primary Election, and in support of this

Motion, Petitioner shows to the Court the following:

1.

This action is an appeal of a Final Decision of Georgia

Secretary of State Br i an P. Kemp denying Petitioner Kevin Richard

Powell's challenge to the qualifications of Respondent Barack

Obama, a presidential candidate~ to seek and hold the Office of

the President of the United States, and finding Respondent Obama

eligible as a candidate .for the presidential primary election.

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2 .

The Georgia Presidential Preference.Primary Election is

scheduled to take place on March 6, 2012, only two (2) weeks from

the date of this Motion.

3.

O.C.G.A. 21-2-5(e) guarantees Petitioner the right to

appellate review of the adverse decision of the Secretary of

State in this matter.

4.

Petitioner's appeal involves, among other issues, a

significant issue of constitutional law, i.e. whether or not

Respondent, whose father was a foreign national and never a

United States citizeni meets the "natural born Citizen"

eligibility requirement of Article II, Section I, Clause 5 of the

United States Constitution.

5 .

Unless this COurt grants expedited review, or unless this

Court orders a stay of the Final Decision of the Secretary of

State and a postponement of the Georgia Presidential Preference

Primary Election pending a final judgment of this Court,

Respondent will likely claim that Petitioner's action is moot

after the holding of the Georgia Presidential Preference Primary

Election. Although Petitioner would disagree, and does disagree,

with any such claim by Respondent, nevertheless Petitioner

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anticipates that Respondent would probably make such an argument

in an effort to avoid a decision on the merits of this appeal.

6.

With regard to Petitioner's request for an expedited review

of this appeal, Petitioner shows that Uniform Superior Court Rule

6.7 ("Motions in emergencies. H ) provides that

Upon written notice and good cause shown, the assigned judgemay shorten or waive the time requirement applicable toemergency motions, except motions for summary j-udgment, orgrant an immediate hearing on any matter requiring suchexpedited procedure. The motion shall set forth in detailthe necessity for such expedited procedure.

7.

In connection with Petitioner's alternative request for a

stay of the Final Decision of the Georgia Secretary of State

herein and for a postponement of the Georgia Presidential

Preference Primary Election, PetitioD~r shows that pursuant to

O_C_G_A. 21~2-5{e), while "[tJhe filing of the petition shall

not itself stay the decision of the Secretary of Stater,] ...the

reviewing court may order a stay upon appropriate terms for good

cause ShOWD. H Further, O.C.G.A. 5-3-28{b), applicable to

appeals to superior court, provides that "[tlhe superior court

may issue such orders and writs as may be necessary in aid of its

jurisdiction on appeal. H

8.Petitioner submits that, in order that Petitioner may secure

the review of the Secretary of State's Final Decision to which

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CERTIFICATE OF SERVICE

I, J. Mark Hatfield, Attorney for Petitioner, do hereby

certify that I have this day served the foregoing Motion For

Expedited Review or, Alternatively, For Stay of Decision of

Secretary of State and For Postponement of Presidential

Preference Primary Election upon:

Mr . Michael K . JablonskiAttorney at Law260 Brighton Road NEAtlanta, Georgia 30309-1523

Honorable Brian P. KempSecretary of State

State of Georgia214 State CapitolAtlanta, Georgia 30334

by placing a copy of same in the United States Mail in a properly

addressed envelope with sufficient postage affixed thereto in

order to insure proper delivery, and by emailing same to Mr.

Jablonski at [email protected] and by emailing same

to Secretary Kemp at [email protected].

This 21st day of February, 2012.

HATFIELD & HATFIELD, P.C.

201 Albany AvenueP.O. Box 1361Waycross, Georgia 31502(912) 283-3820
mailto:[email protected]:[email protected]:[email protected]:[email protected]

2012-02-22 - powell v obama (appeal fcsc) - motion for expedited review or alternatively for stay

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