Good Question: The Fulton County Daily Report reported on January 8th, 2014 in its Story “Justices Ponder Traffic Stop that Stumped State Appeals Court, “Rodriguez v. State, No. S13G1167, a case on appeal from the Georgia Court Appeals where the Court en banc split 6-6 and allegedly affirmed the Gwinnett County Trial Court decision, the Georgia Supreme Court puzzled over why the 6 judges affirming the decision should have been deemed the controlling opinion and why on a 6 to 6 full court split that the case was not automatically transferred to the Georgia Supreme Court.
“I’m not even sure why the per Curiam opinion is categorized as the controlling opinion other than that the clerk of the Court of Appeals decided it was and put it first.”
—Justice Keith Blackwell
-Author: George Creal