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Supreme Court of the United States No. 3n Z1jr *upreme Court of the LE1niteb 'tat Maha Zakaria Rayan, Petitioner, V. State of Georgia, Respondent. ON PETITION FOR WRIT OF CERTIORARI To the Supreme Court of Georgia BRIEF FOR THE PETITIONER Maha Zakaria Rayan Petitioner, Pro se P.O Box 3101 Lilburn, GA 30048 Phone: (770) 733- 1177 IV. QUESTION(S) PRESENTED The questions presented by this petition is Under The Fourth and Fourteenth Amendments rules is one of great concern, gravity, and public importance as follows:- ) The constitutionality to Use the Municipal City- the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC1 under the regulations of Georgia Department of Driver Services, to arrest, seize items charge, As initial Accusation, and whether it could function as a valid Accusing charging instrument for State renal law of non- related traffic offense, and to try it in the Municipal City Court or in the State Court, in lieu of securing, where under the Fourth Amendment an arrest is effected without a warrant the Fourth Amendment requires a judicial determination of probable cause following arrest. Compare OCGA 17-4-62,'17-4-40. ) The Constitutionality of the State's Court judge whether his/her "authority as State's Court judge only allow[ed him] the authority to issue contempt order of arrest [warrant] for failure to appear, forcing the defendant to appear only before him and, by extension, to force the defendant to deliver excusive bail only to him on the initial traffic hold by Municipal City, Georgia, Uniform Traffic Citation ["UTC"I As initial Accusation for State penal law -non-traffic offense. The Constitutionality of the State's Court judge to hold dual salaried taxed charged judicial benches, one is County elected, and the other one is City elected Mayor's appointment, each held seats concurrent and subordinate to each other where city and county are both gets funds from the U.S. Federal Funds. Where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the U.S. Constitution. Under Georgia law the Uniform Traffic Citations issued at the time of defendant's arrest would suffice to prosecute the traffic- related offenses, within OCGA 40-13-1; 40-13-3; 40-13-24; and the Rules of Department of Public Safety, Rule 570-19-.01. The legislature of State of Georgia inserted a new Code section to address this constitutionalproblem. On May 9, 2002, the former and the eightieth Governor of Georgia, was sworn in as the eightieth governor from [January 11, 1999 UNTIL January 13, 2003, Attorney, Mr. "Roy Eugene Barnes", Bar # 039000 signed into law a bill that amended Article 1 of Chapter 32 of Title 36, and added OCGA § 36-32-10.2, which states, "Notwithstanding 11 any other contrary provision of law, in municipal courts which have jurisdiction over misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation." (Act 775; DHB 1169) 1. Ga. L.2002, pp. 627-628., and also added O.C.G.A. 36-32-9. to provide that: - (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first, second, or third offense of the "Divisible" Georgia penal statute O.C.G.A. § 16-8-14 - Theft By Shoplifting when the property which was the subject of the theft was valued at $300.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. In 2003 Justice P. Harris Hines, Current Chief Justice of Supreme Court of Georgia I in CITY OF PEACHTREE v. SHAVER] opinion No. [S02G0702] [Decided: March 10, 20031 by which authorized law enforcement to arrest, charge, State penal law non-related traffic misdemeanor offenses by Municipal City the Georgia Department of Driver Services- " Uniform Traffic Citation" ["UTC"I As initial Accusation to try it in municipal courts, which triggered this petition to your honorable court as a result of the petitioner to be punished for exercising her legal rights in this regard in the Supreme Court of Georgia on January 19, 2017 by jailing her by the in dispute in this petition Trial 1:29 PM -January 20, 2017- Arrest Warrant " and the 357 PM -January 24, 2017 - Amended Contempt Court order "Bench Warrant " Failure to Appear on January 19, 2017 for Jury Trial is captioned by Amended "Arrest Warrant as Retaliation on petitioner by Justice P. Harris Hines through the Trial Judge [Joseph Charles lannazzone] Division [S4] of State Gwinnett County Court. 111 V. PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENTS Petitioner is Maha Zakaria Rayan, who is and was Petitioner-Appellant below. Respondent is the State of Georgia, who is and was the Respondent- Appellee below which appears in the caption of the case on the cover page iv VI. Table of Contents PAGE NUMBER N. QUESTION PRESENTED........................................................... PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT ........................................................... iii TABLE OF CONTENTS .................................................................iv TABLE OF AUTHORITIES...................................................viii PETITION FOR A WRIT OF CERTIORARI Cover Page III. INTRODUCTION BRIEF FOR THE PETITIONER.....................1 OPINIONS BELOW......................................................................1 JURISDICTION .............................................................. 2 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED..........................................................2 STATEMENT OF THE CASE............................................4-14 REASONS FOR GRANTING THE PETITION..............14-29 Review is needed to establish a nationwide rule on an important issue. This case is a superior vehicle for addressing questions presented are exceptional of the conflict over the Use the Municipal City Uniform Traffic Citation ["UTC"I As initial Accusation , and whether it could function as a valid Accusing charging instrument for State penal law of non-traffic offense and to try it in the Municipal City Court or in any other court . ................................................................ 13-16 Review is required, of the validity of Georgia Codes EO.C.G.A. § 36- 32-10.21 , [O.C.G.A. § 36-32-91 ; EO.C.G.A. § 16-8-141 are drawn in question...............................................................................17-19 Both the Court of Appeals and Supreme Court of Georgia are in acknowledged conflict over the Use the Municipal City Uniform Traffic Citation ["UTC"] as initial Accusation, and whether it could function as a valid Accusing charging instrument for State penal law of non- traffic offense and to try it in the Municipal City Court or in the State...................19-23 The Court of Appeals decision on August 30, 2017 is in conflict with its prior published opinions....................................................23-26 Both the Court of Appeals and Supreme Court of Georgia decisions are incorrect, Inconsistent with this Court, AND their Court's Precedents opinions. It is the opposite, Supreme Court of Georgia have full jurisdiction on this case and the trial judge who is without jurisdiction on this case..................26-29 XVJ. CONCLUSION ................................................................29 V VII. INDEX OF APPENDICES APPENDIX "A" June 5, 2017 - Decision of Georgia Supreme Court Transfer the April 71h, 2017 "Direct Appeal" Under U.S. Fourth Amendment Rule In Void contempt pre-trial Directly appealable Judgments, ENTERED by a Lack of Jurisdiction Gwinnett County State Court, Division [S4] Judge to Georgia Court of Appeals - All the Justices concur. June 30, 2017- Denying Reconsideration Transfer Decision Past Time. July 11, 2017 Denying 2nd Motion Reconsideration for Transfer Decision. With copy of the 0330 P.M , Saturday, December 19t11, 20151 Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"J [No. 115-191 as Municipal Court of the City of Lilburn, Georgia [arrest instrument and charging Accusation instrument for the alleged violation of non- related traffic offense, [Theft by Shoplifting] cited under [the sate of Georgia penal law under title [16] of violation of [O.C.G.A. § 16-8-141 drawn, and signed by Lilburn City police officer and related Lilburn City Prosecution's Fraud and Deceit records as described within the Petition. 1-15 Pages. APPENDIX "B" August 30, 2017 Decision of Georgia Court of Appeals denying the direct appeal on April 71h, 2017 of Pre- Trial Criminal proceedings orders directly appealable holding petitioner in contempt for her exercising her legal rights disclosing corruption are Past Time. September 21, 2017 Denying timely filed Reconsideration without causes. Gwinnett County City Prosecution's Fraud and Deceit Records. 1-7 Pages APPENDIX "C" January 20, 2018, January 24, 2018, and following Decisions of Gwinnett County State Court [Division S4] Pre- Trial Criminal proceedings orders directly appealable holding petitioner in contempt for her exercising her legal rights on January 19, 2018 before the Georgia Supreme Court. Petitioner discovered her exercising her legal rights by implicitly she was attacking Justice P. Harris Hines opinion- City of Peachtree v. Shaver, 578 SE 2d 409 - Supreme Court of Georgia Decided March 10, 2003 by which he authorized the Georgia's cities Police officers
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