IN THE SUPREME COURT OF GEORGIA STATE OF GEORGIA
KERRY CRAIG WALKER,
Appellant,
NOTICE OF APPEAL TO THE SUPREME COURT OF GEORGIA CIVIL ACTION FILE NO. 07-CV-3325
v. Cherokee County, Sheriff Roger Garrison, Preston Peavy, ET AL,
Appellees.
NOTICE OF APPEAL TO THE SUPREME COURT OF GEORGIA
Notice is hereby given that Kerry Craig Walker, Appellant in the above-styled case, hereby sends Notice of Appeal to the Supreme Court of Georgia dated September 22, 2011 and filed in response to the dismissal of Appellant's Motion for Reconsideration on September 14, 2011 in the Court of Appeals of the State of Georgia in Case No. AIlA0884.
Appellant has
been declared indigent by the Honorable Judge Murphy C. Miller. The criminal cases against Appellant were dismissed in full on November 23, 2005 by the Honorable Judge Jackson Harris and Appellant completed a timely filing of his original Complaint on November 20,2007.
RECEIVED BY MAIL AND FILED:
SEP 26 2~
~~.AJm/}oGiORGIA liPREMECOiJ OF
On August 20, 2010 Appellant no opposition
had a Hearing on his Expungement
An ORDER was issued on August 2311J, 20 I0
from Counsel for the Defendants.
by Judge Murphy C. Miller which GRANTED Appellant's September
25. 200 I arrest expunged
Claim and there was
expungerncnt
request to have his
from the criminal records. This ORDER signed by Judge
Murphy C. Miller further ORDERED that any warrants, finger prints, or other items collected in connection
with the September
zs",
2001 arrest be purged from the criminal
records.
Said
ORDER hrought about a final judgment in the court's order and readied said case for appeal. Expungerncnt appellant's
has been GRANTED
of the false arrest against Appellant
and the record of
false arrest has been purged from the criminal records.
The facts will show that the judgment
on the pleadings
incorrect and any assertion that the statute of limitations was filed is incorrect and this can be demonstrated Harris on November
pursuant OCCA § 9-11- I2 (c) is
had expired before Appellant's
on appeal. Appellant's
dismissed
by Judge Jackson
nightmare
in the criminal courts and said lawsuit was filed on November
lawsuit
charges were formally
23, 2005 finally ending
Appellant's
long
20, 2007, within the
two (2) year statute of limitations. This case no longer requires the applications
under expressed determination
under OCCA
§ 19-11-54 (b) or compliance with the interlocutory appeal requirements of OCCA § 5-6-34 (b). Neither of these code sections applies now that there has been a FINAL judgment order and all claims have been ruled upon and disposed.
2
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in the court's
;
The appeal under Case No. Al OAJ 505 was dismissed premature
and the appellant
court lacked jurisdiction
because the first appeal was
because all of the aspects of tbe case
had not been ruled upon. Appellant filed another appeal to the Court of Appeals of Georgia, Case No. Al J A0880, after a ruling in favor of Appellant's Expungcment Claim had brought about a final judgment. The Court of Appeals of Georgia incorrectly affirmed the lower court's decision on August 24, 2011
and Appellant filed a Motion for Reconsideration
and said motion was denied on
September 14,2011. The Supreme Court of Georgia has jurisdiction because this case has been heard by the Court of Appeals of Georgia and the Court of Appeals erred in affirming
the lower court's
decision. All documents filed in said case going buck to the Original Notice of Appeal, Notice of Amended Appeal, More Defininve Argument
Statement
of Amended
and including
Notice of Notice of Amended
Notice of Notice of Amended
Appeal,
for Appeal and Response on Motion for .Iudgment on the Pleadings, Amended
Notice to Seck Expungement, Plaintifrs
Appeal, Amended
Complaint,
Expungcment
Order Granting
Request
Pauper's
Affidavit, and Order GRANTING
and all other documents
and transcripts
filed in the
Cherokee County Superior Court related to this case and all documents sent to the Court of Appeals of Georgia need be transmitted This 22"tl day of September. 2011.
as part of the record of appeal.
.,
I
:
IN THE SUPREME COURT OF GEORGIA STATE OF GEORGIA
KERRY
CRAIG
WALKER,
CERTIFICATE
OF SERVICE
CIVIL ACTION
Appellant,
FILE NO. 07-CV-332S
v.
/.1
Cherokee County, Sher1ff Roger Garr1son, Preston Peavy, Et ~ AppeJlees.
CERTIFICA TE OF Sfc:RVICE I do hereby certify that I have this day served the foregoing, Notice of Appeal to the Supreme Court of Georgia, to all interested parties in the within and foregoing matter, Civil Action No. 07-CV-3325. dated September 22, 20) J in the United States mail with sufficient postage affixed thereon to insure delivery as follows:
Kendrick Kendall McWilliams SHIVF:RS & ASSOCIATES 1000 Windward Concourse Suite 210 Alpharetta, GA 30005 This 22'h day of September, Please address all communications to: Kerry Craig WaJkcr P.O. Box 2018 Jasper, TN 37347
Angela F,. Davis J 05 Pil2rim Village Drive, Ste 200 Cumming, GA 30040
20) ) .
Appellant,
4
er/Pro sc Suo Juris
