“The majority’s opinion below overreached the Court of Appeals’ authority in all directions and warrants review on certiorari,” the petition for writ of certiorari filed Thursday morning begins. “The State respectfully requests that this Honorable Court grant certiorari in this case and correct the errors found in the majority opinion.”
The
strongly-worded filing rubbishes the appellate court’s decision for creating “a new standard for disqualification unique to prosecutors,” and disregarding “decades of precedent” when Willis and her office were tossed for the “significant appearance of impropriety.”
“The opinion managed to overreach both upward and downward, invading the provinces of the trial court and this Court simultaneously,” the petition reads. “No Georgia court has ever identified or applied a standard for disqualification unique to prosecutors. No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest. And no Georgia court has ever reversed a trial court’s order declining to disqualify a prosecutor based solely on an appearance of impropriety.”
read:
https://lawandcrime.com/high-profile/overreach-both-upward-and-downward-fani-willis-accuses-appellate-court-of-disregarding-decades-of-precedent-in-state-supreme-court-bid-to-undo-disqualification-from-trump-rico-case/