Armstrong et al. v. Solicitor-General of Gwinnett County, A22A1537
At issue are a set of cases which, if charged under state statutes, would be tried in Gwinnett State Court but, if charged as ordinance violations, would be tried in Gwinnett Recorder’s Court. The solicitor general asserts the authority to direct that cases initially charged as ordinance violations be transferred to state court.To that end, the solicitor general petitioned for a writ of mandamus and a declaratory judgment directing the recorder’s court judges to execute certain documents. The superior court granted the writ and declaratory relief, and the judges have appealed. We hold that the underlying subject matter concerns rulings in criminal prosecutions from which the state has no ability to appeal. So the superior court erred by entertaining the solicitor general’s petition, and we reverse.