KENNEDY v. CARLTON

No. S13A1717.

757 S.E.2d 46 (2014)

294 Ga. 576

KENNEDY, Warden v. CARLTON.

Supreme Court of Georgia.

February 24, 2014.


Attorney(s) appearing for the Case

Samuel S. Olens , Atty. Gen., Patricia B. Attaway Burton , Senior Asst. Atty. Gen., Paula Khristian Smith , Senior Asst. Atty. Gen., Andrew George Sims , Department of Law, Atlanta, for appellant.

Rodney Samuel Zell , Zell & Zell, P.C., Atlanta, for appellee.


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 which follow, we reverse.

On April 5, 2012, Carlton made several telephone calls to neighbors...

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