Legal Question in Appeals and Writs in Georgia

Re: How to appeal a Superior Court Judge Bannishment Order

You have a very interesting question. If the banishment has been imposed by a Superior Court Judge, it is clearly unconsitutional under the Georgia Constitution. If what you have is an INS deportation Order for a felon, then it will be up to the Federal INS to lift the Order -- if at all.

Here is the Georgia Constitution citation: GA CONST Art. 1, s 1, P XXI TEXT

CODE OF GEORGIA

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE I. BILL OF RIGHTS

SECTION I. RIGHTS OF PERSONS

Copyright (C) 1982-2000 by The State of Georgia. All rights reserved.

Current through 2000 General Assembly

Paragraph XXI Banishment and whipping as punishment for crime.

Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.

Banishment limited to mean only banishment beyond limits of state. -- The drafters of the constitutional prohibition against banishment limited this general definition by choosing to define banishment more narrowly to mean only banishment beyond the limits of the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).

No prohibition against banishment from specified areas within state. -- The 1877 drafters of this constitutional provision intended to prohibit banishment "beyond the limits of the state," but not to prohibit banishment from specified areas within the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).

Banishment of a defendant from specified areas in Georgia, imposed as a condition for suspension of a sentence by a trial court, does not violate the public policy of the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).