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Barry Craig Davisv.The State

CourtCourt of Appeals of Georgia
Docket No.A16A1650
DecidedMarch 10, 2017
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawStatutory InterpretationReversalDirect AppealSpecial Concurrence
Case Summary

Barry Craig Davis challenged the denial of relief connected to his status as a registered sex offender. The trial court treated Davis’s condition and the governing registration requirements as requiring continued enforcement of the existing judgment. The Court of Appeals reversed after concluding that the record did not support the trial court’s refusal to consider the statutory disability and the consequences of the relevant registration law. The court explained that the statute had to be applied according to its text and that the trial court could not impose the most severe consequence without the factual and legal findings required by the governing scheme. The appellate court remanded for the trial court to reconsider Davis’s request under the correct statutory framework. One judge concurred, and another concurred fully and specially.

Opinion

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