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?