Lisa Boggs

Ownership of property outside of district where candidate seeks office insufficient to undermine persuasive evidence of legal residency.

Mr. Ralph Hudgens established that he was qualified to run for State Senate in District 47 through persuasive evidence that he was a legal resident of that district.  The fact that Hudgens owned, and sometimes stayed in, property outside of District 47 did not disqualify him from candidacy in the absence of evidence that he

Ownership of property outside of district where candidate seeks office insufficient to undermine persuasive evidence of legal residency. Read More

Georgia law did not render qualifications for Public Service Commission candidates identical to those of gubernatorial candidates.

The requirement under Georgia law that the election of PSC Commissioners be held under “the same rules and regulations as apply to the election of [the] Governor” does not impose on PSC candidates qualification criteria identical to those of candidates for Governor, such as a six-year residency prerequisite.  Accordingly, the fact that Michael DiPietro, a

Georgia law did not render qualifications for Public Service Commission candidates identical to those of gubernatorial candidates. Read More

Temporary residence without the intent to change domicile does not affect legal residence.

DuBose Porter affirmatively established that he was qualified to be a candidate for the Georgia House of Representatives in District 143 through persuasive evidence of his legal residence therein.  Porter’s legal residence in District 143 was not undermined by evidence of his ownership, and part-time residence, at a “camp house” located outside of District 143

Temporary residence without the intent to change domicile does not affect legal residence. Read More

School district ordered to reimburse the cost of behavior evaluations.

A school district’s Functional Behavioral Assessment (FBA) was deemed inappropriate because the data collection did not provide reliable conclusions as to the functions of the Petitioner’s serious and problematic behaviors. Additionally, the school district erred in failing to perform a Functional Analysis (FA), which was necessary to identify the functions of the student’s violent and

School district ordered to reimburse the cost of behavior evaluations. Read More

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing.

Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy for unconstitutional searches and seizures, does not apply in an administrative

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing. Read More

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