A Good Ruling

The Georgia Supreme Court has issued a good ruling and I’m more and more disappointed in Harold Melton.

The Georgia Supreme Court said Monday that identity theft cases should be tried where the victim lives, a ruling the state’s top lawyer said is critical in combating identity theft.

In a 4-3 ruling, the court changed an earlier decision that would have allowed ID theft cases to be tried where the alleged thief obtained the information, not the victim’s home county.

“Regardless of where the records were accessed, the use of the information obtained therefrom is consummated in the county where the victim lives,” wrote Justice George Carley.

Justice Harold Melton said the ruling created “a dangerous precedent allowing this court to rewrite the Constitution.”

If identity theft is not tried where the victim resides, it will create a whole host of legal, jurisdictional issues that can undermine the system and the victim’s desire for justice. It would also encourage out of state identity theft from those states that already have decided identity theft cases should be tried where the victim resides. Sure, you would think these issues could be decided rather quickly, but when you get that many lawyers involved on an issue, the whole thing could be dragged out.

This was a good decision. How many times now has Melton sided with Sears in a dissent?

6 comments

  1. DoubleDawg3 says:

    Can we have a re-do on appointing Justice Melton? Maybe our Gov. could get it right the second time around.

    Since Sonny campaigned against Leah Sears, and Melton now votes with Sears on some of the more important decisions, shouldn’t Sonny campaign against the guy he appointed?

  2. Booray says:

    Melton was a mistake, just like Miers. Chief executives would do well to learn that there is sometimes more danger in trying to play it “safe” than in just doing the thing everyone already expects you to do.

  3. Bill Simon says:

    Booray, the Governor wasn’t trying to play it “safe.” He was trying to make a point to Jimmy Franklin, Johnny Isakson, and Saxby Chambliss that he is the big wheel in this state…even though he has been a Republican for only about…7 years?

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