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 placing suspects for theft by shoplifting and other non- related traffic offenses under arrest by the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] in lieu of securing a warrant for the non- related traffic / State Law Penal offenses, including theft by shoplifting for illegal fines Collection for the misdemeanors by For-profit private probation company 1- 14 pages.

APPENDIX "D" April 16, 2018 - Decision of Georgia Supreme Court Denying Review Petition for Writ of Certiorari All the Justices concur. 1-5 Pages. Vi

APPENDIX "E" May 21, 2018- Order of Georgia Supreme Court Denying

Motion for Reconsideration - All the Justices concur. 1 Page APPENDIX "F" Statutory provisions and conflicted opinions involved 1- 12 Pages.

VIII. TABLE OF AUTHORITIES CITED

CASES PAGE NUMBER

U.S. Supreme Court Opinions' Fourth Amendment rule Richmond Concrete Products Co. v. Ward, 212 Ga. 773, 774 (95 SE2d 677)...... 18 Gerstein v. Pugh, 420 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54) 1975 ...... 17, 21 Diamond v. Marland, 395 FSupp. 432 (S. D. Ga. 1975). deprivation of federal constitutional rights Johnson v. United States, 333 US 10 (1948)...... 19,21 Jones v. United States, 357 U. S. 493, 499 (1958)...... 19,21

United States v. Marion, 404 US 307 - (1971) ...... 19,2 1 Coolidge v. New Hampshire, 403 U. S. 443, 454-455 (1971) ...... 19,21 Payton v. New York, 445 U. S. 573, 586 (1980) ...... 19,21 Georgia v. Randolph, 547 US 103 (2006) ...... 19,2 1 Ramos v. U.S. Atty. Gen., 709 F. 3d 1066 (2013) ...... 19,2 1 Oviatt v. Pearce, 954 F.2d 1470, 1475 (9th Cir.1992).... Broadrick v. Oklahoma, 413 U.S. 601, 607, 93 S. Ct. 2908, 2913, 37 L. Ed. 2d 830 (1973)...... 20 Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S. Ct. 839, 31 L. Ed. 2d 110 (1972)...... 20

U.S. Court of Appeals, 11th Circuit- Court lower level of U.S. supreme court,

in Ramos v. US Atty. Gen., 709 F. 3d 1066 - 2013...... 20 U.S. District Court for the Southern District of Georgia- Bunyon v. Burke County, 285 F. Supp. 2d 1310 (S.D. Ga. 2003) U.S. District Court for the

Southern District of Georgia - 285 F. Supp. 2d- 1310 (S.D. Ga. 2003) September30, 2003...... 14

Georgia Supreme Court Opinions State v. Millwood 242 Ga. 244 (248 SE2d 643) (1978) Supreme Court of

Georgia- Decided September 27, 1978 determined that: -

(Municipal courts lack jurisdiction to vest jurisdiction to try offenses against the State law)...... 21 Kametches v. State, 242 Ga. 721, 251 S.E.2d 232, 234 (1978)...... 21 BICKLEY v. THE STATE. 34654. Submitted March 2, 1979. Decided Apr 6, 1979 ...... 21 Bush v. State, 273 Ga. 861, 862, 548 S.E.2d 302 (2001)...... 21 Vii

CASES —Continued: PAGE NUMBER

Kelly v. City of Marietta, 253 Ga. 579 (322 SE2d 885)), (1984)...... 22

GA Court of Appeals - City of Marietta v. Kelly, 169 Ga. App. 927 (315 SE2d659)...... 22

GA Court of Appeals - City of Marietta v. Kelly, 169 Ga. App. 927...... 22

GA. Court of Appeals- City of Marietta v. Kelly, 334 SE 2d 6 - (1985)...... 22

November 22, 1999 - Justice HINES Weatherbed v. State, 271 Ga. 736, 738, 524 S.E.2d 452 ...... 23 Bennett v. State, 268 Ga. 849, 850, 494 S.E.2d 330 (1998)...... 24 City of Peachtree v. Shaver, 578 SE 2d 409 —Decided by Justice P. Harris Hines With All The Justices Concur, except Justice Carley, J. Who Dissents granted certiorari to the Court of Appeals in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002)...... 23, 27 Supreme Court of Georgia- July 10, 2003- State v. Walker, 585 SE 2d 77

- Justice THOMPSON granted certiorari to the Court of Appeals Court of Appeals in Walker v. State, 258 Ga.App. 354, 574 S.E.2d 317 (2002), relied on City of Peachtree City v. Shaver, 276 Ga. 298, 578 S.E.2d 409 by Justice P. Harris Hines...... 23

January 12, 1998- - Supreme Court of Georgia- Bennett v. State, 268 Ga. 849, 850, 494 S.E.2d 330...... 29

Supreme Court of Georgia - Livingston v. State, 266 Ga. 501, 506 (4) (467 SE2d886) (1996)...... 29

September 17, 1974 - Supreme Court of Georgia- Darden v. Ravan, 232

Ga. 756, 758(1), 208 S.E.2d 846 - NICHOLS, Presiding Justice - All the Justices concur...... 29

Opinions of Georgia Court of Appeals GA Court of Appeals- Majia v. State, 174 Ga.App. 432 (1) (330 S.E.2d 171)

(1985)"Georgia Uniform Traffic Citation, Summons, Accusation ," the citation itself contains the accusation, and an accusation subsequently filed by the solicitor's office is superfluous...... 23 GA Court of Appeals Martin v. State, 139 Ga. App. 8 (1) (228 SE2d 15) (1976) ...... 24 GA Court of Appeals Freeman v. State, 194 Ga. App. 905 (8) (392 SE2d330) (1990) ...... 25 GA Court of Appeals, Shaver v. City of Peachtree, 253. 212, 558 S.E.2d 409 (2002)1 concluded "that a uniform traffic citation and complaint may serve as an accusation only for traffic offenses, and may neither be used to prosecute non-traffic offenses nor amended to add such pursuant to OCGA § 17-7-71(f)." Accordingly, the municipal court lacked jurisdictionAnd, "[wlhen a trial court enters a judgment where it does not have jurisdiction, such judgment is a mere nullity" and must be reversed ...... 25 GA Court of Appeals -Morrow v. State, 17 Ga. App: 116, 86 S.E. 280 (1915) ...... 25

State v. West, 574 SE 2d 365 - GA: Court of Appeals 2002 ...... 26 Viii

CASES —Continued: PAGE NUMBER

GA Court of Appeals State v. Rustin, 208 Ga. App. 431, 435, 430 S.E.2d 765- BLACKBURN, Judge, McMurray, P. J., and Cooper, J., concur. April 2, 1993...... 25 GA Court of Appeals- STATE v. JOHNSON. 257 Ga. App. 162 (Ga. Ct. App. 2002)] ...... 26 GA Court of Appeals- THE STATE v. SULLIVAN. A99A0277. (237 Ga. App. 677) (1999) "The judgment of a court having no jurisdiction

of the person or subject matter . . . is a mere nullity...... 29 GA Court of Appeals- Hubbard v. State, 225. Ga. App. 154, 155 (483

SE2d 115) (1997) .. If the judgment is a nullity and void, the right to attack it is not lost by laches...... 29. GA Court of Appeals- Griffin v. State, 266 Ga. 115-116 (1) (464 SE2d 371) (1995) The Fourteenth Amendment's guarantee of due process prohibits the state from punishing a defendant for exercising his legal rights...... 29

GA Court of Appeals - Chiasson v. State, 250 Ga. App. 63, 549 S.E.2d 503, 505 (2001) ("Requirements for bench warrants are set forth in OCGA § 17-7-90 rather than OCGA § 17-4-41.9 ...... 14 Court of Appeals in Walker v. State, 258 GaApp. 354, 574 S.E.2d 317 (2002)- Georgia Constitution requires that venue in all criminal cases must be laid in the county in which ihe crime was allegedly committed. [Ga. Const. of 1983, Art. VI, Sec. II, Par. VI; OCGA § 17-2- 21...... 23

STATUTES AND REGULATIONS INVOLVED PAGE NUMBER

42 USCA § 1983 deprivation of federal constitutional rights Diamond v. Marland, .395 FSupp. 432 (S. D. Ga. 1975) ...... 4

Fed.R.Crim. P.3 ...... 19 Fed.R.Crim. P. 4...... 19

Post-Arrest Procedure Rules for Theft by shoplifting. (See OCGA § 16-8-14.) etseq.:

OCGA § 17-4-1 ...... 22 OCGA § 17-4-60...... 22 OCGA § 17-4-61 (a)...... 22 OCGA § 17461 (b), (c) ...... 22 OCGA §17-4-41 ...... 25

May 10, 2002- OCGA § 36-32-10.2, GA HB 1169- Bill Municipal courts- Jurisdiction misdemeanors; trials; accusation or citation ...... 4 ix

STATUTES —Continued: PAGE NUMBER

01/28/99- HB 242- OCGA § 36-32-9- Shoplifting; misdemeanor offense ...... 4

OCGA § 40-13-1 ...... 22 Rules of Department of Public Safety, Rule 570-19-.01 OCGA § 40-6-376(a) ...... 22 OCGA § 40-6-376(b) ...... 22

ARRAIGNMENT AND PLEAS PRETRIAL PROCEEDINGS OCGA § 17-7-90 "Bench warrant ...... 14 OCGA § 17-7-71(d) ...... 14 OCGA § 17-7-71(b) ...... 14

CRIMINAL PROCEDURE Issuance of special WARRANTS FOR ARREST OCGA § 17-4-42 ...... 14 Offenses against Public Administration O.C.G.A. § 16-10-20 ...... 1- 30 PUBLIC OFFICERS AND EMPLOYEES OCGA § 45-3-9 ...... 5-6 OCGA45-11-1(b) ...... 5-6 No.

3n The ntprimc Court of toe Liniteb 6tate q

Maha Zakaria Rayan, Petitioner,

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 No.

In The uprcme Court of the Uniteb tatc

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

III. INTRODUCTION

Petitioner, Maha Zakaria Rayan, respectfully prays that a writ of certiorari issue to review the judgments below for conflict among the constitutionality jurisdictions within the State of Georgia, to review, and reverse under [28 U.S.C. 1257(a)], Rule 10(b), and Rule 10(c) for public concern the unconstitutional denial of Supreme court of State of Georgia, and transfer caused order Considerations Governing Review on Writ of Certiorari.

IX. OPINIONS BELOW

The opinion of the highest Georgia State court to review the merits appears at Appendix A. (Pet. App. la) to the petition on its June 5th, 2017 transfer order from Supreme Court of State of Georgia to Court of Appeals of Georgia, and is unpublished. The opinion of Court of Appeal appears at Appendix B (Pet. App. ib) has been published as Precedential, filed Timely reconsideration Denial appears at Appendix (Pet. App. lb- 2b). The denial Supreme Court of State of Georgia was entered on April 16, 2018. On Petitioner's "Petition For Writ Of Certiorari" No. [S18C0310] to Georgia Court of Appeals August 30, 2017 published as Precedential Judgment Petitioner's timely Filed Reconsideration, uncaused, was denied on [Monday, May 21st, 20181 appears at Appendix (Pet. App. id). X. JURISDICTION

The final order of Supreme Court of State of Georgia was entered on April 16, 2018, petitioner's timely filed Reconsideration, denied on [Monday, May 21st, 20181. this petition for a writ of certiorari is first filed timely postmarked on [August 20, 20181 by the United States Postal Service- [USPSI priority mail, received on [August 23, 20181 by Mr. Scott. S. Harris, clerk of this court. The corrected accompanying Content to this petition for a writ of certiorari to satisfy Rule 39(1), prepared, signed on Monday October 22, 2018, re-submitted Ire-postmarked timely in fully satisfying [Rule 29.21 by the United States Postal Service- [USPSI priority mail on the included last extended filing day Today [Tuesday, October 23, 20181 in fully satisfying [Rule 30.11 Computation and Extension of filing Time, begins From: [Friday, August 24, 2018 at 12:00:00 midnight To: The included last extended filing day Today [Tuesday, October 23, 2018 at 12:00:00 midnight] of the non- Computed day of the act of Extending the filing Time Under Rule 14.5 to satisfy Rule 39(1) by the empowered under Rule 30.2, and by law, Mr. Scott. S. Harris, clerk of this court by Mr. Michael Duggan, case analyst, for the extended filing period of [601 days by the addressed letter dated August 23, 2018. The jurisdiction of this Court is invoked fully under [28 U.S.C. 1257(a)] 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. The review of this court is required under rule (10) for public nationwide U.S. Constitutional protection cover secured by the Constitution and laws of the United States.

XI. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

The Fourth Amendment to the United States Constitution provides that:- "[tlhe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly. Prohibits police from conducting "unreasonable searches and seizures." And a search or seizure is deemed unlawful, any evidence derived from that search or seizure will almost certainly be kept out of any criminal case against the person whose rights were violated. A search warrant is an order issued by a judge or magistrate that gives permission and authorizes the police or other law enforcement agency to conduct a search of a location or person and to seize any evidence of a criminal offense, made it illegal for a state to pass laws "which shall abridge the privileges or immunities of the citizens of the United States... [or] deprive any person of life, liberty, or property without due process of law, [or] deny to any person within its jurisdiction the equal protection of the laws." Similar to paragraph two (2) and three (3) of Section 1, article 1, of the Constitution of Georgia.

The Eighths Amendment to the United States Constitution Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment. 3

The thirteenth Amendment to the United States Constitution declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Art. VI, Sec. 5, Par. III of the Georgia Constitution, mandates that Supreme Court of Georgia is to serve as a "court of review,", whose primary purpose is to review and correct errors made by trial courts. Under the provisions of Article VI, Section VI, the Supreme Court of Georgia has appellate jurisdiction to review decisions of the Court of Appeals in cases that are of gravity or great public importance.

Art. VT, Sec. I, Par. I of the Georgia Constitution, "Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as

provided by law." Municipality is defined as: - an Elected local government body having corporate status and limited self-governance rights, and serving a specific political unit such as a town or city.

Article I, Section I, Paragraph XIII of the Georgia Constitution ("The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.").

Art. VI, Sec. I, Par. I of the Georgia Constitution provide that municipal courts have "jurisdiction over ordinance violations and such other jurisdiction as provided by law."

Art. VI, Sec. II, Par. VI of the Georgia Constitution; OCGA § 17-2-21. requires that venue in all criminal cases must be laid and shall be tried in the county where the crime was committed in the county in which the crime was allegedly committed. Venue is a jurisdictional fact, and is an essential element in proving that one is guilty of the crime charged. State's failure to prove venue beyond a reasonable doubt renders the verdict contrary to law, without a sufficient evidentiary basis, and warrants reversal.

Article VI, Section I, Paragraph I of the of the Georgia Constitution provides that certain courts, including municipal courts, in existence on June 23, 1983, are not subject to the provisions of Article VT. Article VI. Article VI, Section I, Paragraph I exempts municipal courts from all of Article VI provisions except for Section X and Section I, Paragraph. Recognized as a no uniform constitutionally sanctioned city court.

42 USCA § 1983 deprivation of federal constitutional rights Diamond v. Marland, 395 FSupp. 432 (S. D. Ga. 1975) Fed.R.Crim.

P.3 - Fed.R.Crim. P. 4. Post-Arrest Procedure Rules for Theft by shoplifting. (See OCGA § 16-8-14.) et seq.: OCGA § 17-4-1 OCGA § 17-4-60. OCGA § 17-4-61 (a). OCGA § 17-4-61 (b), (c) OCGA §17-4-41 May 10, 2002- OCGA § 36-32-10.2, GA HB 1169- Bill Municipal courts- Jurisdiction misdemeanors; trials; accusation or citation 01/28/99- HB 242- OCGA § 36-32-9- Shoplifting; misdemeanor offense OCGA § 40-13-1 Rules of Department of Public Safety, Rule 570-19-.01 OCGA § 40-6-376(a) OCGA § 40-6-376(b) ARRAIGNMENT AND PLEAS PRETRIAL PROCEEDINGS OCGA § 17-7-90 "Bench warrant OCGA § 17-7-71(d) OCGA § 17-7-71(b)

CRIMINAL PROCEDURE Issuance of special WARRANTS FOR ARREST OCGA § 17-4-42 Offenses against Public Administration O.C.G.A. § 16-10-20

PUBLIC OFFICERS AND EMPLOYEES OCGA § 45-3-9 OCGA 45-11-1(b)

XII. STATEMENT OF THE CASE

All the judicial corruption involved which liens to be slavery nor involuntary servitude in violation of The thirteenth Amendment to the United States Constitution, is as a result of violations of the Fourth, and the Fourteenth Amendments to the United States Constitution. Was triggered by the May 10, 2002, former State of Georgia Governor, Roy Barnes signed into law a bill that added OCGA § 3612-10.2, amended Article 1 of Chapter 32 of Title 36 by inserting a new Code section to address this problem. which states, "Notwithstanding any other contrary provision of law, in municipal courts which have jurisdiction over 5

misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation." Ga. L.2002, pp. 627-628, § 1. for illegal fines collection under (Act 775 HB 1169), the 01/02/2001 the misdemeanor by For-profit private probation company Act. The Supreme's court of State of Georgia caused decision on this appeal case is entered on June 5th, 2017, appears at Appendix (Pet. App. la) on its transfer order from Supreme court of State of Georgia to Court of Appeals of Georgia, two denials on the transfer order were entered on June 30th, 2017, and July 11th, 2017 on petitioner's two filed Reconsiderations as past time appears at Appendix (Pet. App. 2a-4a). Both caused both judgments by June 5th, 2017 Supreme Court of State of Georgia, and August 30, 2017 by Georgia Court of Appeals, appear at Appendix (Pet. App. lb) are both based on GA Offense O.C.G.A. § 161020 against Public Administration by concealment the underlying genuine and form type and merit of the first accusation that initiated this proceeding as criminal, the [3:30 P.M Saturday, [December, 19th 20151 "Georgia Department of Driver Services-" Uniform Traffic Citation, Summons, Accusation," ["UTC"] No. [115-191], appears at Appendix (Pet. App. 5a) for non- related traffic offenses, filed on the books' of Clerk of "Lilburn City Municipal Corporation Court", and the second May 20, 2016 forged accusation No. [2016D-03366-41 appears at Appendix (Pet. App. 7a), by the solicitor pre-prosecution judgment as HEADED BY PROBATION COPY, was drawn and filed on May 20th, 2016 on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts, based upon, The STOLEN COPY of ["UTC"] No. [115-1911 for the non- related traffic offenses (Pet. App. 5a) are both without due process of law, and both are basis of an action under 42 USCA § 1983 of deprivation petitioner's U.S. federal constitutional rights secured by the Constitution and laws of the United States as follows:-.

At [03:30 P.M , Saturday, December 19th, 20151 Petitioner was arrested, and released by Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"I [No. 115-1911 appears at Appendix (Pet. App. 5a) as Municipal Court of the City of Lilburn, Georgia, for both [arrest, 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 [161 of violation of [O.C.G.A. § 16-8-141 drawn, and signed by Lilburn City police officer, ordered HER to appear in the Municipal Court of Lilburn on AT 3:30 PM 03/15/2016 to answer the non traffic charge on Georgia Department of Driver Services- "Uniform Traffic Citation" No. [115-191] (appears at Appendix (Pet. App. 5a) after she was detained/arrested/kidnapped by three WaFMart's Store misconduct thieves chaos employees while the Petitioner was exiting the Wal-Mart store, after she finished her shopping and paid for, during that, her identity was stolen by theft of her U.S. Federal identity of her U.S. Passport from her purse, her property was stolen under yelling and screaming when she 6

could not locate her shopping receipts in her purse poof of her ownership of her property, that she refused to sign for them a paper that is not her property, The scenario continued by their calling the police officer of Lilburn City, who tied her up, took her property under weapon, and gave it to Wal-Mart's misconduct thieves chaos employees.

At 3:30 PM 03/15/2016, the Petitioner attended the Mayor's ["Municipal Corporation"] Court of the City of Lilburn, to answer the charge against her on the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] [No. 115-1911 appears at Appendix (Pet. App. 5a) before the OCGA § 45-3-9 unsworn, misdemeanors Entering into duties of public office without oath PUBLIC OFFICER for the years 2015, 2016, 2017, the unauthorized assigned presiding dual judicial offices holder Judge [Carla Elise Brown] appears at Appendix (Pet. App. 9a), the [3:30 PM 03/15/20161 Of [Municipal Court Of The City Of Lilburn] and the [9 AM -5 PM 03/15/2016 Judge of Gwinnett County State Court] Division [S3] next to Division [S4] of trial Judge [Joseph Charles lannazzone], where on that dated Petitioner was given by the [OCGA § 45-3-91 unsworn, misdemeanor Russell Tiner Bryant solicitor of [Municipal Court Of The City Of Lilburn]another [Municipal Court Of The City Of Lilburn] continuation court date At 9:00 AM on May 3rd, 2016.

At 9:00 AM Tuesday, May 3rd, 2016, petitioner attended again the Mayor's ["Municipal Corporation"] Court of the City of Lilburn and submitted papers of NOT guilty, On the charge against her on Lilburn City Municipal Court December 19th, 2015, Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] [No. 115-1911 appears at Appendix (Pet. App. 5a) as [charging Accusation instrument for violation of non- related traffic offense, [Theft by Shoplifting] cited under [the sate penal law under title [16] of violation of [O.C.G.A. § 16-8-141 drawn, and signed by the police officer Gabriel Garner Badge No. (915). In retaliation on the same day On May 3rd, 2016, by deceit and Fraud for failing to collect illegal fine to the client of Mr. "Roy Eugene Barnes", Bar # 039000 the former and the eightieth Governor of Georgia, "Wayne H. Mason" ("Wayne") the contractor and the owner of the private Domestic Limited Liability for profit Company/the SOUTHEAST CORRECTIONS, LLC, provider of Misdemeanor Probation Services, and to harm the Petitioner 's life, reputation, and trashing her name as basis of an action under 42 USCA § 1983 of deprivation petitioner's U.S. federal constitutional rights secured by the Constitution and laws of the United States.

On Tuesday, May 3rd, 2016, the unsworn, unauthorized, solicitor of [Municipal Court Of The City Of Lilburn], Russell Tiner Bryant by probable cause for arrest, for [3] counts of misdemeanors under [OCGA § 45-3-91 by Entering 7

into duties of public office without oath PUBLIC OFFICER for the years 2015, 2016, 2017, appears at Appendix (Pet. App. 8a), and the FELON by probable cause for arrest for the crime under [O.C.G.A. § 16-10-201 of Offenses of making false statement against Public Administration, and the [OCGA § 45-11-11 falsifier of public record (Pet. App. 6a), EXERCISED HIS DISCRETION TO STEAL A PHOTO COPY OF THE ORIGINAL COPY OF THE PENDING LILBURN CITY MUNICIPAL COURT DECEMBER 19, 2015, Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] No. 115-191, attached it with his [May 3, 20161 Notice of Transfer is captioned by [Transfer to the state court of Gwinnett County] drafted, signed under his name and signature appears at Appendix (Pet. App. Ga), as solicitor of [Municipal Court Of The City Of Lilburn], while he was unsworn, unauthorized by the law solicitor of. [Municipal Court Of The City Of Lilburn], appears at Appendix (Pet. App. 8a), under his claimed, OCGA § 40-6-376(a) and OCGA § 40-6-376(b), appears at Appendix (Pet. App. 6a)the un-authorized non-transferable, Georgia Statues vehicles blocking the transit of changing the trial venue of the original Lilburn City Municipal Court December 19th, 2015 Lilburn city the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] No. 115-191 appears at Appendix (Pet. App. 5a ) of non- related traffic offense ANY Where, which both declared it As VOID by restricting its movement Only to traffic law related offenses and local ordinances within the definitions of OCGA § 40-13-1; Rules of Department of Public Safety, Rule 570-19-.01.

Furthermore, OCGA § 40-6-376 (b) provides that: - [If the offense charged under an ordinance constitutes a violation of any provision of this chapter, the defendant may request transfer of the charge to the appropriate state tribunal. If the defendant so requests, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest is found, or upon obtaining a waiver of commitment hearing, shall summarily fix the defendant's bond and bind his case over to the appropriate state tribunal.

Russell Tiner Bryant's, the 2015, 2016, 2017 unsworn, unauthorized, solicitor of [Municipal Court Of The City Of LilburnL(Pet. App. 8a) Claim under OCGA § 40-6-376(b), is False And A Lie, the Petitioner, ["The victim"] Maha Zakaria Rayan had Never Submitted Nor Filed Any Request in Lilburn City Municipal court to transfer the charge against her on Lilburn

City Municipal Corporation , Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"I No. [115-191] appears at Appendix (Pet. App. 5a), dated Saturday, December, 191h 2015 from [Municipal Court Of The City Of Lilburn] to [the state court of Gwinnett County], also no existence in the record of any commitment hearing in which probable cause for arrest is found by the city judge, Nor existence of any waiver of commitment hearing by the Petitioner. 8

The May 20, 2016, filed forged accusation No. [2016D-03366-4.] (Pet. App. 6a), is drawn, signed by Attorney Dana Michelle Pagan-Woodall, Assistant Solicitor-General of Gwinnett County, Ga. bar No. [478735], against the Petitioner, On Behalf Of The Citizens Of State Of Georgia, and under the name of Attorney, Ms. Rosanna M. Szabo, Solicitor-General of Gwinnett County, Ga. Bar No. [532490] on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts is based THE STOLEN copy of the original Public Administration record /[Saturday, [December, 19th appears at Appendix 20151 "Lilburn City Municipal Corporation the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"I No. [115-1911 (Pet. App. 5a),, to Division [S41 of trial Judge [Joseph Charles lannazzone] next to Division [S3] of the [ 3:30 PM 03/15/2016]Assigned presiding Judge[Carla Elise Brown] of [Municipal Court Of The City Of Lilburn] on the Uniform Traffic Citation Summons I Lilburn City Police Department]

NO., Time & Date:- [[115-1911/ 03:30 P.M , Saturday, December 19th, 20151.

AT [9:05 AM ON Wednesday, July 20, 20161, prior to the arrangement time, petitioner filed under Gerstein v. Pugh, 420 U.S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54), and Georgia Supreme Court in Kelly v. City of Marietta, 253 Ga. 579 (322 SE) d 885) on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts "STAMPED" at [9:05 AM ON Wednesday,

July 20, 20161, motion to disallow the filing of both , the STOLEN copy of the original Georgia Department of Driver Services- the Lilburn City Municipal Corporation, Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"I No. [115-1911 appears at Appendix (Pet. App. 5a), dated Saturday, December, 19th 2015 and The May 20, 2016 filed forged accusation No. [2016D-03366-4.] (Pet. App. 6a), on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts without due Constitutional process service and without due Constitutional Prompt judicial determination of

probable cause following arrest for crime " in the appellate record (R-7 -

Index Page 2 - Pages 50- 68), and various pre-trial motions, demurrers, disqualification, impeachment of the trial Judge [Joseph Charles lannazzone] Division [S4] of Gwinnett County State Court as he is a lack of probable cause and lack of jurisdiction, but he from [Wednesday, July 20, 2016 to March 218t, 20171, repeatedly and persistently failed and refused to decide them within the max statuary period of six months, where his such conduct is basis and grounds for impeachment, and the penalty of removal from the public office. Under O.C.G.A. 15-6-21:- requires that "[(d) If any judge fails or refuses, to obey the provisions of subsections (a) through (c) of this Code section, or if any judge repeatedly or persistently fails or refuses to decide the various motions, demurrers, and injunctions coming before him in the manner provided by such subsections, such conduct shall be grounds for impeachment and the penalty therefore shall be his removal from office]. 9

On [January, 19th, 20171 petitioner proceeded exercising her Constitutional protection rights under the U.S. Fourteenth Amendment, Georgia Supreme Court for the trial Judge [Joseph Charles lannazzone] Division [S4] of Gwinnett County State Court continual refusal to enforce the U.S. Constitutional principles continued to assert his jurisdiction on the above case, harassing and harming her with his full knowledge he does not have any legal authority on the above subject-matter since [May 20th. 20161, just 13 days after the corrupted Justice Harris Hines sworn as administrative officer of Georgia Supreme court on [January 06, 20171 by her APPLICATION FOR LEAVE TO INTERL OCUTORY APPEAL local Corruption Gwinnett County and Lilburn City filed in The Supreme Court Of State Of Georgia which, consists Of [21 Pages] [Pp. 287-3061 With Supportive official Documents consists of [six] Exhibits, consists of Exhibit

"A" [96 Pages] [Pp. 308-4041 , Exhibit "B" [14 Pages] [Pp. 405-4201, Exhibit "C" [21 Pages] [Pp. 421-4431, Exhibit "D" [60 Pages] [Pp. 444-5051, Exhibit "E" [17 Pages] [506- 5151, and Exhibit "F" [17 Pages] [Pp. 516-5351, Filed, "Stamped" by stamp of [Ms. Therese S. Barnes], [Clerk of the Supreme Court Of State Of Georgia] as [At 9:23 AM January 5th, 20171 with all costs and filing fees paid in cash by the appellant's appearance in person at [8:30 AM January 19th, 20171, As reflected on The Appellate Record Index hereafter Record No. [39] Pp. 287- 5351

Next day[January, 20th, 20171 Justice Harris Hines threw away her Filed APPLICATION FOR LEAVE TO INTERL OCLJTORY APPEAL local Corruption Gwinnett County and Lilburn City filed in The Supreme Court Of State Of Georgia without court order, and through the trial Judge [Joseph Charles lannazzone] Division [S4] of Gwinnett County State Court jailed her to punish her as in contempt with his March 10, 2003 jungle law opinion- City of

Peachtree v. Shaver, 578 SE 2d 409 - Supreme Court of Georgia Decided March 10, 2003 by Justice P. Harris Hines With All The Justices Concur, EXCEPT Justice Carley, J. Who Dissents evidence from a warrantless search, writing that the Fourth Amendment "has no exception for troubling cases and we should not let hard cases make bad law." granted certiorari to the Court of Appeals in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002) by the The "Filed, "Stamped" [At 1:29 PM January 20th, 20171 "Bench Warrant" appears at Appendix (Pet. App. 6c 7c) contempt failure to appear to the trial court for jury trial on January 19th, 2017 is captioned by "Arrest Warrant " and its amended The "Filed, "Stamped" [At 3:57 PM January 24th, 20171 "Amended Arrest Warrant " appears at Appendix (Pet. App. 8c- 9c) both are by his fabricated falsely alleged for failure to appear for uncalled Jury Trial calendar and Jury Trial at [8:30 AM January 19", 20171 before the service it is delivered to her through her mail box address on [January 30th, 20171 after he jailed her, as it is executed on [The 10

Evening Of Wednesday January 251h, 20171 from her home address that is not on the warrant by the Arresting Agency, Gwinnett County Sheriff Office by Police officer, Scott Lane / the Deputy Sheriff of Gwinnett County Sheriff Rodney Lee (BUTCH) CONWAY, [the October 2016 former spouse of The Unlawful Dual Judicial Offices Holder, Judge [Carla Elise Brown], The most corrupted judge in Gwinnett county.

On April 07, 2017, petitioner proceeded on her appeal to request her Constitutional protection rights from the Constitutional Court, Georgia Supreme Court after the trial Judge [Joseph Charles lannazzone] Division [S4] of Gwinnett County State Court continued to assert his jurisdiction on the above case, harassing and harming her with his full knowledge he does not have any legal authority on the above subject-matter since [May 20th. 20161 abused her and caused immediate medical attention in March, 23r, 2017, as a result of her refusal to enforce the U.S. Constitutional principles.

On April 25th, 2017- The Dual Judicial Offices Holder, Judge [Carla Elise Brown] of Division [S3] IN her she response to Georgia State Ethics Commission, did not deny her knowledge of the process of the unauthorized bound over See the last lines on (Pet. App. ha) and the first lines on (Pet. App. 12a ). But she acted maliciously instead to recall the file back, left it to go, to avoid her name and signature to appear on the bend over court order to be consistent with her concealed secondary occupation serving as a judge of [Municipal Court Of The City Of Lilburn in the State of Georgia] from [1998 Up to Date] on [SECTION III [FIDUCIARY POSITIONS] on all her filed [Personal Financial Disclosure Statements & Affidavits] with the Georgia Government Transparency and Campaign Finance Commission, and Gwinnett Election Office by her knowingly and willfully false swearing, inaccurate, incomplete Secondary Fiduciary paid position serving as a judge of [Municipal Court Of The City Of Lilburn in the State of Georgia]' from [1998 Up to Date] confirmed under her oath that she as public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests file.

On June 5th, 2017, Justice Harris Hines, the Sworn January 06, 2017 pursuant to Article VI, Section VT, Paragraph I (i) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and administrative officer of Georgia Supreme court See the last lines on (Pet. App. la) and the first lines on (Pet. App. if), transferred this pending file to the First division of Court of Appeals of Georgia, to the Barnes family, Presiding, Judge Anne Elizabeth Barnes, Judge Carla Wong McMillian, and Judge Clyde L. Reese III, as he concealed on the first line of on the order stated- Appellant has been charged by accusation with theft by shoDlifting]!!!!!????, by willfully and knowingly concealment the underlying genuine factual issue [Type of 11

the Form] of the [accusation], that she has been charged by. [The [December 19th, 20151 Police of The Municipal City Of Lilburn [Uniform Traffic Citation] NO.:[115191], by which tk.Appellant has arrested and has been charged with for the non-traffic offense of the crime of [Theft by Shoplifting], and referred to the Code section alleged to have been violated,

[OCGA § 16-8-141 (See R-4 - Index Page 1 ...... Pages 47), which this form is it is Inconsistent with Constitutional Rights protected under The Fourth, and Fourteenth Amendments to the Constitution of the United States, in compare with ARTICLE I., BILL OF RIGHTS, SECTION I., RIGHTS OF PERSONS, Paragraph I & Paragraph XIII Of The Constitution of The State Of Georgia. Which both do not permit arrest for crime Nor search incident by [Uniform Traffic Citation] But both Require a Prompt judicial

determination of probable cause following arrest for crime . Gerstein v. Pugh, 420 U.S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54), which such concealment changed the outcome of this proceeding in both Georgia Supreme and Appeals Courts and other former proceedings, which make the petitioner indeed since Dec 19, 2015 and on- going a surviving victim and definitely Not a defendant.

Therefore, he falsely caused his decision caused as stated :- [The appellant asserts that Jurisdiction rests in this court pursuant to GA Const. Art. VI, Sec. VI, Par. II AND III- All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases, and because her constitutionality rights to due process were purportedly unconstitutional actions, However the crime of which appellant stand s accused does not invoke this court's jurisdiction as to orders entered in the proceeding associated with the accusation], he concealed that there is two accusations not one accusation.

Petitioner discovered her exercising legal rights during this proceeding Specifically since her first motion to disallow the filing of this proceeding at [9:05 AM ON Wednesday, July 20, 20161 under Gerstein v. Pugh, 420 U.S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54) and Georgia Supreme Court in Kelly v. City of Marietta, 253 Ga. 579 (322 SE) d 885) by which she was attacking the validity of the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"l as charging accusation for the Penal law, as it is without due Constitutional process service and without due Constitutional Prompt judicial determination of probable cause following

arrest for crime" see the appellate record (R-7 - Index Page 2 - Pages 50- 68), by implicitly, she was attacking Justice P. Harris Hines, the Sworn January 06, 2017 pursuant to Article VI, Section VI, Paragraph I (1) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and

administrative officer of Georgia Supreme court 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 placing

suspects for theft by shoplifting and other non- related traffic offenses under arrest by the Georgia Department of Driver Services- "Uniform 12

Traffic Citation" ["UTC"l in lieu of securing a warrant for the non- related traffic/State Law Penal offenses, including theft by shoplifting for illegal fines Collection for the misdemeanors by For-profit private probation company, and the bound over that she was arguing for final disposition in the State Court of Gwinnett County by [Russell Tiner Bryant's], Solicitor of City of Lilburn Municipal Court, Ga. Bar No. [005360] claimed Georgia statutes transfer vehicles OCGA §40-6-376(a), and OCGA §40-6-376(b) only to charge for violation (s) of both Chapter 6 [Uniform

Rules Of The Road] of TITLE 40 - [Motor Vehicles And Traffic/ State Traffic Law] and a local ordinance [Within the City of Lilburn Geographic jurisdiction Limits] both invalidated the Chief Justice Harris Hines, March 10, 2003 Decided opinion:- City of Peachtree v. Shaver, 578 SE 2d 409, granted Certified certiorari to the Court of Appeals.

The May 20, 2016 forged accusation No. [2016D-03366-4.] against the Petitioner of both Dana Michelle Pagan-Woodall, Assistant Solicitor- General of Gwinnett County, Ga. bar No. [478735], and Attorney, Ms. Rosanna M. Szabo, Solicitor-General of Gwinnett County, Ga. Bar No. [5324901 jointly [p]articipants as a result of disobeying The Fourth And Fourteenth amendments to U.S. constitution is based on the Crime Of [Violation Of Oath By Public Officer] in Violation of [O.C.G.A. § 16-10-11 as defined by [O.C.G.A. § 15-18-61]And [O.C.G.A. § 45-3-1(6)1; in violations of [O.C.G.A. § 45-11-4 (b)(1) &(b)(4)1- [(b)(i) Malpractice, misfeasance, or malfeasance in office;] [(b)(4) [Using any other deliberate means to---- avoid the due course or proceeding of law; --].

On [Tuesday, August 18, 20171 (Pet. App. 5b) before the court of appeals Of Georgia, thy lied by making false Statement stated:- [However, on May 3, 2016, the Solicitor of the Lilburn Municipal Court exercised his discretion to transfer Appellant's case to the Gwinnett County State Court. R. 48. The Gwinnett County Solicitor's Office duly received the transferred citation and, following its general practices, filed Accusation No. 16 D- 03366-4 on May 20, 2016. The Accusation charged Appellant with the same offense reflected in the Lilburn citation. As reflected in Appellant's own filings, an arraignment date was set for July 20, 2016, and she was served with a Notice of Arraignment on June 30, 2016.1 (Pet. App. lib- 12b), in order to obtain the Court of Appeals of Georgia August 30, 2017 Judgment (Pet. App. lb) for lack of Jurisdiction which is the subject of the [Monday, April 16, 20181 Order of Supreme Court Of State Of Georgia Denying "Petition For Writ Of Certiorari" and denial reconsideration on May 21, 2018 (Pet. App. id) where in fact the Gwinnett County Solicitor's Office received Stolen Coy of citation as explained above. Moreover they forged the offense reflected in the Lilburn the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"l from theft By Shoplifting [O.C.G.A. § 16-8-141 TO theft by Shoplifting! Taking [O.C.G.A. § 16-8-141/ [O.C.G.A. § 16-8-21 and forged the venue by false stating it is committed in 13

Gwinnett County in contrary to the fact where originally three is NO initial commitment hearing in which probable cause for arrest is founding the Municipal Court of Lilburn to be committed in Gwinnett County.

On [Tuesday, October 318t, 20171 before The Highest Court Of The State Of Georgia The Supreme Court Of Georgia they lied by making false Statement the in order to obtain the [Monday, April 16, 20181 (Pet. App. id ) Order of Supreme Court Of State Of Georgia Denying Petitioner's "Petition For Writ Of Certiorari" and denial reconsideration on May 21, 2018 stating that :- [Petitioner was detained and ultimately released on a citation for Shoplifting in violation of EO.C.G.A. § 16-8-141. ----Petitioner's case was initially heard in the Municipal Court of Lilburn but was bound over to the State Court of Gwinnett County in May, 2016. Petitioner was formally charged by the state court accusation in Case NO. 2016D03366- 4.1 where in fact NO initial commitment hearing in which probable cause for arrest is found was in the Municiial Court of Lilburn on the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] before the bound over to the State Court of Gwinnett County On May 3rd 2016 as explained above.

On August 30, 2017; and on September 21, 2017, based upon Justice Harris Hines, the Sworn January 06, 2017 pursuant to Article VT, Section VT, Paragraph I (1) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and administrative officer of Georgia Supreme court his June 5th, 2017 caused Decision Transfer to Court of Appeals Of State Of Georgia was the light of First division of Court of Appeals of Georgia did on the first line of their August 30, 2017 judgment which was subject of the Monday, April 16, 20181 Order of Supreme Court Of State Of Georgia Denying "Petition For Writ Of Certiorari" to the Court of Appeals of Georgia August 30, 2017 Judgment, denying as Past Time the direct appeal on April 7th, 2017 of Pre- Trial Criminal proceedings orders directly appealable holding petitioner in contempt for failure to appear on January 19, 2018 on Jury Trial of lack of Jurisdiction Trial judge because she was exercising her legal rights in this regard on January 19, 2018 before the Georgia Supreme Court, as well as on September 21, 2017 Denying Decision of Georgia Court of Appeals timely filed Reconsideration of August 30. 2017 decision without causes.

XIII. REASONS FOR GRANTING THE PETITION

A REASON FOR GRANTING THE PETITION

This case is a superior vehicle for addressing the exceptional presented questions that are in need to establish a nationwide rule under U.S. Fourth, and Fourteenth Amendments to U.S. constitution for all U.S. States on the first important issue of arrest, 14

accuse, charge the alleged misdemeanor Penal law offenses, non- related to traffic law, by Department of Driver Services "Uniform Traffic Citation"["UTC"l, issued, and drawn by police officer to prosecute it in Municipal City Court or in Any other Court on basis of Petitioner's of deprivation of a citizen's federal constitutional rights and privileges by persons acting under color of state law was

unlawfully arrested . Diamond v. Marland, 395 FS upp. 432 (S. D. Ga. 1975).

First time, on December, 19th 2015 Petitioner was arrested and detained for non related traffic offense by the private citizen of the alleged to be victim, without following the Georgia state rules Paragraph OCGA 17-4-62j17-4-40, followed on the same day by the second time unlawful arrest for non related traffic offense by the acting under color of state law arresting, Lilburn police officer, as appears on the last line on the first accusation that initiated this proceeding as criminal, the [3:00 P.M Saturday, [December, 19th 20151 "Georgia Department of Driver Services-" Uniform Traffic Citation, Summons, Accusation," ["UTC"} No. [115-1911 which is for related traffic offenses filed on the books' of Clerk of "Lilburn City Municipal Corporation Court "appears at Appendix (Pet. App. 5a), without following the Georgia state rules under the U.S. Fourth, and Fourteenth Amendments to U.S. constitution in compare with

ARTICLE I. , BILL OF RIGHTS, SECTION I., RIGHTS OF PERSONS, Paragraph I & Paragraph XIII Of The Constitution of The State Of Georgia OCGA 17-4-62j..17-4-40 in lieu to secure a warrant at the time of restraining the Petitioner's liberty for the alleged non related traffic offense where under the Fourth Amendment an arrest is effected without a warrant the Fourth Amendment requires a judicial determination of probable cause following arrest.

"[Tihe paradigmatic liberty interest under the due process clause is freedom from incarceration." Oviatt v. Pearce, 954 F.2d 1470, 1475 (9th Cir.1992)". Thus, arbitrary incarceration by a state government implicates the Due Process Clause. Petitioner should have had a right to be released without relying on Georgia law to deliver bail only to him to create a protectable liberty interest.

Hon. Judge Dudley Hollingsworth Bowen Jr., Chief District Judge, U.S. District Court for the Southern District of Georgia, who is the 15

Current senior district judges of the Eleventh Circuit U.S. Court of

Appeals, decided on September 30, 2003 in lawsuit - IBunyon v. Burke County, 285 F. Supp. 2d 1310 (S.D. Ga. 2003) U.S. District

Court for the Southern District of Georgia - 285 F. Supp. 2d 1310 (S.D. Ga. 2003) September 30, 20031 held that:- ("A bench warrant [IS NOT] like other warrants.... When the contempt warrant is issued for the failure of the defendant to appear, only the judge issuing the warrant may set the bail.") Under Georgia law, however, "Wo judicial officer except a judge of the superior court shall issue a special warrant for arrest returnable only before himself..." O.C.G.A. § 17-4-42. The contempt warrant subject for dispute are denominated a "bench warrant" is of no consequence since under Georgia law "[a] bench warrant is merely an arrest warrant issued by a judge." therefore Judge Charles Hillis as Not superior court Judge is without authority the "Bench Warrant "is captioned by "Arrest Warrant issued by "Judge Charles Hillis.

On the evening of [Wednesday January 25th, 20171 Petitioner for the third time was arrested and detained by the acting under color of state law The trial court Judge [Joseph Charles lannazzone] ("Judge lannazzone ") in his "authority on as Division [S41 of Gwinnett County State Court by the may 20, 2017, second forged accusation based upon the warrantless arrest accusation the [3:00 P.M Saturday, [December, 1911 20151 "Georgia Department of Driver Services-" Uniform Traffic Citation, Summons, Accusation," ["UTC"] No. [115-191], appears at Appendix (Pet. App. 5a) Kametches v. State, 242 Ga. 721, 251 S.E2d 232, 234 (1978) when the offense charged is larceny "An affidavit made, or warrant issued, for the arrest of an offender against the penal laws contents requirements, Thus, Judge [Joseph Charles lannazzone] of Division [S4] of the State Court Of Gwinnett County had no authority to issue a warrant forcing the petitioner to appear before him at all, and, by extension, had no right to force petitioner to deliver bail only to him as State's Court judge only allow[ed him] the authority to issue a bench [warrant] for failure to appear.", he is out of authority for his pre- trial orders subject to this petition , The "Filed, "Stamped" [At 1:29 PM January 201h, 20171 "Bench Warrant " appears at Appendix (Pet. App. fic- 70 contempt failure to appear to the trial court for jury trial on January 19t, 2017 is captioned by "Arrest Warrant and its amended The "Filed, "Stamped" [At 357 PM January 24th, 20171 "Amended Arrest Warrant" appears at Appendix (Pet. App. 8c 90 both are by his fabricated falsely alleged for failure to appear 16

for uncalled Jury Trial calendar and Jury Trial at [8:30 AM January 19111, 20171 before the service it is delivered to her through her mail box address on [January 301h, 20171 after he jailed her, as it is executed on [The Evening Of Wednesday January 251h, 20171 from her home address that is not on the warrant by the Arresting Agency, Gwinnett County Sheriff Office by Police officer, Scott Lane I the Deputy Sheriff of Gwinnett County Sheriff, Rodney Lee (BUTCH) CONWAY, [the October 2016 former spouse of The Unlawful Dual Judicial Offices Holder, Judge [Carla Elise Brown], The most corrupted judge in Gwinnett county.

B. REASON FOR GRANTING THE PETITION

Review is required, of the state statute [O.C.G.A. § 36-32-10.21 and[O.C.G.A. § 36-32-91[purely legal] issue of the constitutional validity of is repugnant to the Fourth, and the Fourteenth Amendments to the U.S. Constitution and U.S. Supreme Court Johnson v. United States, 333 US 10 (1948), Where an arrest for penal law is effected without a warrant the Fourth Amendment requires a prompt judicial determination of probable cause following arrest. The right of privacy must reasonably yield to the right of search must be decided by a judicial officer, not by a policeman or government enforcement agent as follows:-

In order to raise a question for this court's consideration as to the constitutionality of a statute, at least three things must be shown: "(1) the statute or the particular part or parts of the statute which the party would challenge must be stated or pointed out with fair precision; (2) the provision of the Constitution, which it is claimed has been violated must be clearly designated; and (3) it must be shown wherein the statute, or some designated part of it, violates such constitutional provision." Richmond Concrete Products Co. v. Ward, 212 Ga. 773, 774 (95 SE2d 677).

The municipal courts jurisdiction misdemeanor offenses for penal law [O.C.G.A. § 36-32-91 Theft by shoplifting signed statute by Georgia Former Governor, Roy Barnes's resident of City of Marietta, Cobb County, Georgia, the merchant of his father general store in City of Mableton, Cobb County, Georgia may be tried upon Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"l issued at the time of defendant's arrest by his signed Georgia signed statute O.C.G.A. § 36-32-102 by Georgia Former Governor, Roy Barnes's resident of City of Marietta, Cobb County, Georgia states, 17

"Notwithstanding 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." Ga. L.2002, pp. 627-628, § 1. (Act 775; LIHB 1169)

Are both invalid under the U.S. Fourth, and Fourteenth Amendments

to U.S. constitution in compare with ARTICLE I. , BILL OF RIGHTS, SECTION I., RIGHTS OF PERSONS, Paragraph I & Paragraph XIII Of The Constitution of The State Of Georgia OCGA 174-62j..17-4-40 in lieu to secure a warrant.

Are both in contrary with this court opinion in Gerstein v. Pugh, 420 U. S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54) held that The Fourth and Fourteenth Amendments give all arrested persons charged by information a right to a judicial hearing on the question of probable cause, would not suffice to prosecute the non- traffic-related offense without prompt proper judicial determination of probable cause following arrest within the period the suspect of a crime for arrest and search.

They are both in contrary with "Roy Eugene Barnes", Bar # 039000 the former and the eightieth Governor of Georgia, his resident city Georgia Supreme Court opinion in Kelly v. City of Marietta, 253 Ga. 579 (322 SE) d 885) decided where an arrest is effected without a warrant the Fourth Amendment requires a judicial determination of probable cause following arrest on reliance on Gerstein v. Pugh, 420 U. S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54). Compare OCGA 17-4-62... This is to facilitate the illegal fines collection for the For-profit private misdemeanor probation company Act.

They are both repugnant to U.S. Fourth Amendment rule The probable cause determination, as an initial step in the criminal justice process, may be made by a judicial officer without an adversary hearing. In Compare with OCGA 17-4-62 in contrary to U.S. Supreme Court Opinions:- Gerstein v. Pugh, 420 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54) 1975 ; Johnson v. United States, 333 US 10 (1948)

United States v. Marion, 404 US 307 -(1971); Coolidge v. New Hampshire, 403 U. S. 443, 454-455 (1971) ; Payton v. New York, 445 U. S. 573, 586 (1980); and Georgia v. Randolph, 547 US 103 (2006

Moreover, They are both in contrary to the federal courts, the complaint of the alleged crime it is to be made upon oath before a magistrate. Fed.R.Crim. P.3 The complaint is a written statement of the essential facts constituting the offense charged. Fed.R.Crim. P. 4. . If it appears from the complaint that probable cause exists that the person 18

named in the complaint committed the alleged crime, a warrant (q.v.) for his arrest will be issued.

The standard normally used in determining if a statute is vague, is whether ". . . men of common intelligence must necessarily guess at its meaning." See, e. g., Broadrick v. Oklahoma, 413 U.S. 601, 607, 93 S. Ct. 2908, 2913, 37 L. Ed. 2d 830 (1973); Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S. Ct. 839, 31 L. Ed. 2d 110 (1972).

The validity of Georgia Code § 16-8-14 statute is drawn in question Georgia Code § 16-8-14 (hereinafter the "Georgia statute") reads as follows, in relevant part: (a) A person commits

the offense of theft by shoplifting when [he] ..., with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole

or in part ... (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment [.1

U.S. Court of Appeals, 11th Circuit- Court lower level of U.S.

supreme court, in Ramos v. US Atty. Gen., 709 F. 3d 1066 2013 -

concluded that The Georgia penal statute O.C.G.A. § 16-8-14 - Theft By Shoplifting is "Divisible." That is, the Georgia statute punishes some conduct that qualifies as a theft offense and some conduct that does not

qualify as a theft offense. Because the statute C.G.A. § 16-8-14 - Theft by Shoplifting is divisible, the conviction of Ronel Ramos does not categorically qualify as an aggravated felony. Further, the U.S. Court of Appeals, 11th Circuit concluded that, the mere fact of Ronel Ramos's conviction is insufficient to establish that he committed a Theft by Shoplifting offense, and Ramos's record of conviction does not show that he committed a theft offense. Reversed the Board's of U.S. Immigration order of Ramos to be deported.

C. REASON FOR GRANTING THE PETITION

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 as follows:-

In Fact there is a conflict since The Georgia Statue May 9, 2002, OCGA § 36-32-10.2, that is supported by the Supreme Court of Georgia- March 10, 2003 City of Peachtree v. Shaver, 578 SE 2d 409 —Decided by Justice P. Harris Hines With All The Justices Concur, except Justice Carley, J. Who Dissents and ongoing between the Supreme Court of Georgia 19

justices between each other, and between them and Georgia Court of Appeals judges opinions are in acknowledged conflict over the Use the Lilburn City Municipal City Georgia 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 the State.

Justice HINES, opinion in Supreme Court of Georgia- in City of

Peachtree v. Shaver, 578 SE 2d 409 - Supreme Court of Georgia Decided March 10, 2003 by Justice P. Harris Hines With All The Justices Concur, Except Justice Carley, J. Who Dissents evidence from a warrantless search, writing that the Fourth Amendment "has no exception for troubling cases and we should not let hard cases make bad law." granted certiorari to the Court of Appeals in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002).

Is in conflict with:-

U.S. Supreme Court Opinions under The Fourth Amendment rule in Gerstein v. Pugh, 420 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54) 1975...... Johnson v. United States, 333 US 10 (1948 Jones v. United States, 357 U. S. 493, 499 (1958)

United States v. Marion, 404 US 307 - (1971Coolidge v. New Hampshire, 403 U. S. 443, 454-455 (1971) Payton v. New York, 445 U. S. 573, 586 (1980) Georgia v. Randolph, 547 US 103 (2006).

Is in conflict with-

Supreme Court of Georgia, State v. Millwood 242 Ga. 244 (248 SE2d 643) (1978) Argued July 11, 1978. Decided September 27, 1978 determined that (Municipal courts lack jurisdiction to vest jurisdiction to try offenses against the State law), in addition, decided, that, The constitutional right to a jury trial does not extend to one charged in a municipal court with violation of a municipal ordinance. Key v. Stewart, 228 Ga. 516 (186 SE2d 739) (1972) Insofar as it rules that the previously cited provisions of the statute are unconstitutional, and reversed, insofar as it orders that the accusation against the appellee in state court be quashed.

Is in conflict with-

Supreme Court of Georgia, Opinion- BICKLEY v. THE STATE. 34654. Submitted March 2, 1979. Decided Apr 6, 1979 243 Ga. 488 (1979). 255 S.E.2d 31. Decided, that "The power to try misdemeanors is conferred by statute, with the specified waiver by the accused; but the trial must be upon accusation founded upon affidavit. Affidavit is essential, and if the 20

instrument treated by the court and the parties as an affidavit is void, there is no foundation for the proceedings; the whole trial is a nullity

Is in conflict with:-

Supreme Court of Georgia, Opinion- Bush v. State, 273 Ga. 861 (548 SE2d 302) (2001)" When a trial court enters a judgment where it does not have jurisdiction, such judgment is a mere nullity; but an appeal from such an illegal judgment will not be dismissed but instead, the judgment of that court is a nullity must be reversed. FILING OF FORMAL ACCUSATION AFTER ISSUANCE of [UTCI UNIFORM TRAFFIC CITATION AND COMPLAINT FORM would have been a superfluity).

And Is in conflict with:-

GA Supreme Court Kelly v. City of Marietta, 322 SE 2d 885 1984

DECIDED NOVEMBER 28, 1984- GA Court of Appeals - City of Marietta v. Kelly, 169 Ga. App. 927 (315 SE2d 659), Decided February 7, 1984, and

GA Court of Appeals- City of Marietta v. Kelly, 334 SE 2d 6 - (1985) DECIDED JUNE 27, 1985 REHEARING DENIED JULY 11, 1985,

Presiding Judge, William Leroy McMurray, Jr., 1976-2000, held that: - Where an arrest is effected without a warrant the Fourth Amendment requires a judicial determination of probable cause following arrest Gerstein v. Pugh, 420 U. S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54). Compare OCGA 17-4-62

The requirement of {OCGA 17-4-621 that one arrested without a warrant and not conveyed before an officer authorized to issue warrants within 48 hours "shall be released" means that such person shall be released from imprisonment or custody until a warrant is obtained. THE STATE v. CADE. (184 Ga. App. 347) (361 SE2d 494) (1987). The Uniform Traffic Citation insufficient and disable to satisfy the Fourth Amendment, is not promulgated and authorized for 17-4-41(b) requirements when the offense charged is theft. OCGA 17-4-41 (a) "An affidavit made, or warrant issued, for the arrest of an offender against the penal laws shall state, as nearly as practicable, the following facts, to wit: The offense, the county in which the same was committed, and the time when committed; and shall be stated in the affidavit and warrant." Kametches v. State, 242 Ga. 721, 251 S.E.2d 232, 234 (1978) When the offense charged is theft 17-4-41(b) must contain the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts:- Name of the property alleged to have been stolen, with a description thereof, including its value; and Name of the owner of the property and the person from whose possession such property was taken. (c) It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto. 21

Under Georgia law the Georgia Department of Driver Services- " Uniform Traffic Citations" ["UTC"J issued at the time of defendant's arrest would suffice to prosecute the traffic-related offenses, see OCGA 40-13-1; 40-13-3; and 40-13-24_is formed and prepared for the regulatory procedural traffic rules pursuant to OCGA § 40-13-1 and the Rules of Department of Safety, Section 570-19-01. See generally Freeman v. State, 194 Ga.App. 905 (8) (392 S.E.2d 330) (1990), OCGA § 40-13-1 and Section 570-19-.01 of the Rules of Department of Public Safety specifically provide that the uniform traffic citation was devised for use by law enforcement officers to enforce the traffic laws and ordinances of this state. The form for the uniform traffic citation prescribes the use of a single citation per offense charged, which is inconsistent with amendment to add other related charges as allowed by OCGA § 17-7-71 W. Further, the uniform traffic citation requires only the signature of the police officer where it is used as the prosecuting vehicle instrument. OCGA § 17-7-71 (b) makes specific provision for use of the uniform traffic citation to prosecute "all misdemeanor cases arising out of violations of the laws of this state,

relating to ... the operation and licensing of motor vehicles and operators.

• .". the uniform traffic citation requires only the signature of the police officer where it is used as the prosecuting vehicle instrument. OCGA § 17- 7-71 (b) makes specific provision for use of the uniform traffic citation to prosecute "all misdemeanor cases arising out of violations of the laws of

this state, relating to .. the operation and licensing of motor vehicles and

operators. ..". "Georgia Uniform Traffic Citation, Summons, Accusation ," the citation itself contains the accusation, and an accusation subsequently filed by the solicitor's office is superfluous. The filing of a formal accusation in any court with jurisdiction over such offenses, other than a superior court, would have been a superfluity. See Majia v. State, 174 Ga.App. 432 (1) (330 S.E.2d 171) (1985).

Supreme Court of Georgia- July 10, 2003- State v. Walker, 585 SE 2d 77 Justice THOMPSON relied on City of Peachtree City v. Shaver, 276 Ga. 298, 578 S.E.2d 409 by Justice P. Harris Hines

Therefore, Justice HINES, opinion in Supreme Court of Georgia- November

22, 1999 - Weatherbed v. State, 271 Ga. 736, 738, 524 S.E.2d 452 - Avoid judgment may be attacked at any time, and this is not a situation in which the limitations on this rule might. apply. See Bennett v. State, 268 Ga. 849, 850, 494 S.E.2d 330 (1998). For the purposes of court jurisdiction is conflict with his opinion in Supreme Court of Georgia-

Is in conflict with his opinion in City of Peachtree v. Shaver, 578 SE 2d 409

- Supreme Court of Georgia Decided March 10, 2003 by Justice P. Harris Hines With All The Justices Concur, Except Justice Carley, J. Who Dissents evidence from a warrantless search, writing that the Fourth Amendment "has no exception for troubling cases and we should not let hard cases make bad law." on Shaver v. City of Peachtree City, 558 SE 2d

409 - GA: Court of Appeals 2001 granted certiorari to the Court of Appeals 22

in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002).

P. REASON FOR GRANTING THE PETITION

The Court of Appeals decision on August 30, 2017 is in conflict with its prior published opinion as follows:-

Georgia Court of Appeals -Martin v. State, 139 Ga. App. 8 (1) (228 SE2d 15) (1976); Faulkner v. State, 146 Ga. App. 604, 606-607 (2) (247 SE2d 147)(1978). Decided, that "The power to try misdemeanors is conferred by statute, with the specified waiver by the accused; but the trial must be upon accusation founded upon affidavit. Affidavit is essential, and if the instrument treated by the court and the parties as an affidavit is void, there is no foundation for the proceedings; the whole trial is a nullity it

Georgia Court of Appeals- Freeman v. State, 194 Ga. App. 905 (8) (392 SE2d 330) (1990), OCGA § 17-7-71 (b) makes specific provision for use of the uniform traffic citation to prosecute "all misdemeanor cases arising

out of violations of the laws of this state, relating to ... the operation and

licensing of motor vehicles and operators. - ." The import of these statutory and regulatory provisions is that a uniform traffic citation and complaint may serve as an accusation only for traffic offenses, and may neither be used to prosecute non traffic offenses nor amended to non traffic offenses pursuant to OCGA § 17-7-71 (0.

GA Court of Appeals, Decided that in [Shaver v. City of Peachtree, 253 Ga.App. 212, 558 S.E.2d 409 (2002)] :- a uniform traffic citation, under OCGA § 40-13-1 and the Rules of Department of Public Safety, Rule 570- 19-.01, cannot be used as a charging instrument for the non-traffic offense-- and Accordingly, the municipal court of City of Peachtree lacked jurisdiction. And, "[wihen a trial court enters a judgment where it does not have jurisdiction, such judgment is a mere nullity".

GA Court of Appeals, Morrow v. State, 17 Ga. App. 116, 86 S.E. 280 (1915) (indictment subject to special demurrer when it failed to identify property owned by the victim that was the basis for the trespass charge). OCGA § 17-7-71(c). Provides that "Every accusation which states the offense in the terms and language of the law or so plainly that the nature of the offense charged may be easily understood by the jury shall be deemed sufficiently technical and correct."

GA Court of Appeals, GA Court of Appeals State v. Rustin, 208 Ga. App. 431, 435, 430 S.E.2d 765- BLACKBURN, Judge, McMurray, P. J., and Cooper, J., concur. April 2, 1993...... The 23

import of these statutory and regulatory provisions is that a uniform traffic citation and complaint may serve as an accusation only for traffic offenses, and may neither be used to prosecute non traffic offenses nor amended to add such pursuant to OCGA § 17-7-71 (f). In view of that limitation upon the use of uniform traffic citations, OCGA § 17-7-71 (1) must envision amendments to formal accusations, and not uniform traffic citations.

O.C.G.A. § 17-4-41 due CRIMINAL PROCEDURE rule: Contents of affidavit made of a person who is accused of violating the penal laws of this state shall include, as nearly as practicable, the following facts: (1) The offense, including the time, date, place of occurrence, against whom the offense was committed, and a statement describing the offense; and (2) The county in which the offense was committed. (b) When the offense charged is theft, the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts: (1) Name of the property alleged to have been stolen, with a description thereof, including its value; and (2) Name of the owner of the property and the person from whose possession such property was taken. (c) It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto. Art. VI, Sec. I, Par. I of the Georgia Constitution, "[miunicipal courts shall have jurisdiction over ordinance violations and

such other jurisdiction as provided by law." Municipality is defined as: - an Elected local government body having corporate status and limited self- governance rights, and serving a specific political unit such as a town or city.

GA Court of Appeals in Majia v. State, 174 Ga.App. 432 (1) (330 S.E.2d 171) (1985) concluded "Georgia Uniform Traffic Citation, Summons,

Accusation ," the citation itself contains the accusation, and an accusation subsequently filed by the solicitor's office is superfluous.

Under Ga. Const. 1983, Art. VI, 2, Para. VIII the Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law. Georgia Constitution requires that venue in all criminal cases must be laid in the county in which the crime was allegedly committed. [Ga. Const. of 1983, Art. VI, Sec. II, Par. VI; OCGA § 17-2-21. Venue is a jurisdictional fact, and is an essential element in proving that one is guilty of the crime charged. Like every other material allegation in the indictment, venue must be proved by the prosecution beyond a reasonable doubt: Proof of venue is a part of the State's case, and the State's failure to prove venue beyond a reasonable doubt renders the verdict contrary to law, without a sufficient evidentiary basis, and warrants reversal. 24

GA: Court of Appeals, in State v. West, 574 SE 2d 365 - 2002- has concluded that OCGA § 40-6-376(a) authorizes transfer to state court under limited circumstances presented here. See State v. Serio, 257 Ga.App. 369, 571 S.E.2d 168 (2002); State v. Johnson, 257 Ga.App. 162, 570 S.E.2d 627 (2002). SMITH, Presiding Judge. ELDRIDGE and ELLINGTON, J., concur. Thus the underlying original 3:30 P.M on [Saturday, [December, 191h 20151 "Lilburn City Municipal Corporation Georgia Uniform Traffic Citation" [Citation] ["UTC"I No. [115-1911 with non-traffic offense of alleged of theft by shoplifting is unlawfully on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts, it is probable cause to arrest [Russell Tiner Bryant], Solicitor of City of Lilburn Municipal Court, Ga. Bar No. [005360], as he conceded on his May 03, 2016 [Notice Of Transfer To The State Court Of Gwinnett County] under his claimed Georgia statutes OCGA §40-6- 376(a), and OCGA §40-6376(b) by the crime as required under [O.C.GA. § 16-10-20].

The legislative grant of jurisdiction to the City Court of Lilburn provides for jurisdiction over offenses under both city ordinances and state laws "relating to and regulating traffic" and all other crimes and offenses not above the grade of misdemeanor "arising out of the same occurrence as such traffic offense." 1996 Ga. Laws 627, § 3. The plain meaning of that language is that the City Court's jurisdiction over non-traffic offenses is dependent on the existence of a charged traffic offense. As Russell Tiner Bryant], Solicitor of City of Lilburn Municipal Court, Ga. Bar No. [005360] conceded on his May 03, 2016 [Notice Of Transfer To The State Court Of Gwinnett County] under his claimed Georgia statutes OCGA §406-376(a), and OCGA §40-6-376(b) DOES NOT demonstrate that Petitioner was

charged with any traffic offense at all , as well as the Gwinnett County, Rosanna M. Szabo, Solicitor- General of Gwinnett County, Ga. Bar No. [532490]; Dana Michelle Pagan-Woodall, Assistant Solicitor-General of Gwinnett County, Ga. Bar No. [478735]; Samuel Richard d'Entremont, Assistant Solicitor-General of Gwinnett County, Ga. Bar No. [5808811 conceded the record of this case DOES NOT demonstrate that Petitioner was charged with any traffic offense at all.

Thus, as the four city of Lilburn and Gwinnett County of Georgia solicitors conceded, the record on appeal does not provide any basis for the exercise of jurisdiction by the City of Lilburn Municipal Court on The underlying original 330 P.M on [Saturday, [December, 19th 20151 "Lilburn City Municipal Corporation, "the Georgia Department of Driver Services- Uniform Traffic Citation" ["UTC"l No. [115-1911 is filed on May 201h, 2016 by Attorney, Ms. Rosanna M. Szabo, Solicitor-General of Gwinnett County, Ga. Bar No. [5324901 on the books' of Attorney Mr. Richard T. Alexander, Clerk's of Gwinnett County Corporation, Superior, State, and Magistrate Courts. this proceeding.

In fact [Russell Tiner Bryant's], Solicitor of City of Lilburn Municipal Court, Ga. Bar No. [0053601 claimed Georgia statutes OCGA §40-6-376(a), and OCGA 25

§40-6-376(b) invalidate the Chief Justice Harris Hines, March 10, 2003 Decided opinion:- City of Peachtree v. Shaver,' 578 SE 2d 409, granted Certified certiorari to the Court of Appeals and reversed Judge judgment in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002). as Neither the statute authorizing "Uniform Traffic Citation" to be used for non- related traffic offense, as the both restrict its movement Only to traffic offenses and local ordinances within the definitions of OCGA § 40- 13-1; Rules of Department of Public Safety, Rule 570-19-.01.

E. REASON FOR GRANTING THE PETITION

Both the Court of Appeals and Supreme Court of Georgia decisions are incorrect, Inconsistent with this Court's Precedents, it is the opposite Supreme Court of Georgia has the jurisdiction on this case and the trial judge who is without jurisdiction on this case as follows:- th Therefore, On June 5 , 2017 , The Highest Court Of State Of Georgia refused to enforce the U.S. constitutional principles for illegal probation fines collection, the judgment of the Highest Court Of State Of Georgia was entered to transfer the case to Georgia court of appeals appears at Appendix (Pet. App. la). ON April 16, 2018 Decision of Georgia Supreme Court Denying Review Petition For Writ Of Certiorari No. [S18C03101, TO August 30, 2017 Decision of Georgia Court of Appeals I appears at Appendix (Pet. App. lb) AND

- Reconsideration IS denied on [Monday, May 21st, 20181 - All the Justices concur is incorrect. It is based upon on the incorrect causes of their June 5th, 2017 transfer judgment opinion the petitioner's April 7th, 2017 Direct appeal Georgia Court of Appeals as there is NO construction of a treaty or of the Constitution of the State of Georgia or of the United States is involved in this case, as stated- [The appellant asserts that Jurisdiction rests in this court pursuant to GA Const. Art. VI, Sec. VI, Par. II AND III- All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases, and because her constitutionality rights to due process were purportedly unconstitutional actions, However the crime of which appellant stands accused does not invoke this court's jurisdiction as to orders entered in the proceeding associated with the accusation] is incorrect.

The Highest Court Of State Of Georgia June 5th, 2017 opinion appears at Appendix (Pet. App. la) is based upon the crime of [O.C.G.A. § 16-10-201 the knowing and willful making of a false statement by concealment that the petitioner was charged by two accusations NOT One Accusation, also the concealment of the first accusation that initiated this proceeding, the underling Specific City. 26

uniform traffic citation at issue that failed to satisfy the U.S. and State of Georgia Constitutional due process requirements. main Constitution of the United States issue, that the petitioner is charged with the [3:00 P.M Saturday, [December, 19t1 20151 "Georgia Department of Driver Services-" Uniform Traffic Citation, Summons, Accusation," ["UTC"I No. [115-191], appears at Appendix (Pet. App. 5a) that initiated this proceeding the underling Specific City uniform traffic citation at issue that failed to satisfy the U.S. and State of Georgia Constitutional due process requirements.

There is a clear definite self conflict of interest among the justices of the Highest Court Of State Of Georgia because of the influence and power of Justice Harris Hines, the January 06, 2017 Sworn, appears at Appendix (Pet. App. if) pursuant to Article VI, Section VI, Paragraph I (1) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and administrative officer of Georgia Supreme court who is forcing all of

Georgia people since March 10, 2003 of his jungle law opinion - City of

Peachtree v. Shaver, 578 SE 2d 409 - Supreme Court of Georgia, because HE COULD BE ILLEGALLY PROFITING from the client of Mr. "Roy Eugene Barnes", Bar #: 039000 the former and the eightieth Governor of Georgia who the latter signed GA statute O.C.G.A. § 36-32-10.2, GA statute the state-wide 01/02/2001 the For-profit private misdemeanor probation company Act, and GA statute O.C.GA. § 36-32-9 for the illegal profits thorough "Wayne H. Mason" ("Wayne") the contractor and the owner of the private Domestic Limited Liability profit Company/the SOUTHEAST CORRECTIONS, LLC, provider of Misdemeanor Probation Services, that why next day he jailed her through the complained of pre-trial orders subject to this action by the abusive corrupted unauthorized the [without Any legal authority], Judge [Joseph Charles lannazzone] of Division [S41 Gwinnett County State Court, who named to the bench by Mr. "Roy Eugene Barnes", Bar #: 039000 the former and the eightieth Governor of Georgia [as void] for her exercising her legal rights on [January, 19th, 20171 under the U.S. Fourteenth Amendment, just 13 days after the corrupted Justice Harris Hines sworn as administrative officer of Georgia Supreme court on [January 06, 20171by her APPLICATION FOR LEAVE TO INTERL OCUTORY APPEAL local Corruption Gwinnett County and Lilburn City filed in The Supreme Court Of State Of Georgia which, consists Of [21 Pages] [Pp. 287-3061 With Supportive official Documents consists of [six] Exhibits, consists of Exhibit "A" [96 Pages] [Pp. 308-4041 Exhibit "B" [14 Pages] [Pp. 405-4201, Exhibit "C" [21 Pages] [Pp. 421-4431, Exhibit "D" [ 60 Pages] [Pp. 444-5051, Exhibit "E" [ 17 Pages] [506- 5151, and Exhibit "F" [17 Pages] [Pp. 516-5351, Filed, "Stamped" by stamp of [Ms. Therese S. Barnes], [Clerk of the Supreme Court Of State Of Georgia] as [At 9:23 AM January 5th, 20171 with all costs and filing fees paid in cash by the appellant's appearance in person at [8:30 AM January 19th, 20171, As reflected on The Appellate Record Index hereafter Record No. [39] Pp. 287- 5351 that he unlawfully threw them away without court order because he is one of the corrupted gang, therefore, he jailed her next day on 27

January 200, 2017 had to punish her as in contempt with his March 10,

2003 jungle law opinion- City of Peachtree v. Shaver, 578 SE 2d 409 - Supreme Court of Georgia Decided March 10, 2003 by Justice P. Harris Hines With All The Justices Concur, EXCEPT Justice Carley, J. Who Dissents evidence from a warrantless search, writing that the Fourth Amendment "has no exception for troubling cases and we should not let hard cases make bad law." granted certiorari to the Court of Appeals in Shaver v. City of Peachtree City, 253 Ga.App. 212, 558 S.E.2d 409 (2002).

Moreover - on May 21. 2018 and on April 16, 2018 All justices of Georgia Supreme Court of Georgia Order without opinion, refused to comply with their its constitutional obligations Under the influence of the 2003 opinion of their superior, Sworn January 06, 2017 pursuant to Article VI, Section VT, Paragraph I (1) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and administrative officer of the Georgia Supreme Court to review the merit of petitioner's Timely Filed "Petition For Writ Of Certiorari" to The Court of Appeals of Georgia, First Division August 30, 2017 dismissal AS Untimely Judgment on "Direct Appeal" Under U.S. Fourth Amendment, and the fourteenth Rules of Void Pre-Trial Gwinnett County State Court, Division [S4] Judge's Judgments for Lack of Jurisdiction the underlying genuine merit issue the Lilburn City

Municipal City- the Georgia Department of Driver Services- " Uniform Traffic Citation" ["UTC"] of non-related traffic offense. Thus petitioner promptly, and timely for the US. Nationwide, constitutional concerns filed timely her May 29, 2018 NOTICE OF INTENTION TO APPLY FOR CERTIORARI To [U.S. Supreme Court] for their refusal to obey The Fourth, thirteenth, Fourteenth Amendments to the United States Constitution, and their refusal to comply with their State of Georgia constitutional duties in this case under Ga. Const. 1983, Article VI, SECTION VI. Paragraph V. to review by certiorari cases in Georgia Court of Appeals which are similar to this case of gravity or great public importance, and the same the Georgia Appeals Court refused to comply with its appellate constitutional duties to serve as a "court of review," Ga. Const. 1983, Art. VI, 5, Para. III, whose primary purpose is to review and correct errors made by trial courts. Under the provisions of Article VI, Section VI, the Supreme Court of Georgia has appellate jurisdiction to review decisions of the Court of Appeals in cases that are of gravity or great public importance. Which appeared when [Russell Tiner Bryant's I, Solicitor of City of Lilburn Municipal Court, Ga. Bar No. [005360] claimed Georgia statutes OCGA §406376(a), and OCGA §40-6-376(b) which both invalidate the Chief Justice Harris Hines, March 10, 2003 Decided opinion:- City of Peachtree v. Shaver, 578 SE 2d 409, granted Certified certiorari to the Court of Appeals, which makes the petitioner indeed since Dec 19, 2015 and on- going a surviving victim and definitely Not a defendant.

Therefore, On June 5th, 2017, Justice Harris Hines, the Sworn January 06, 2017 pursuant to Article VI, Section VI, Paragraph I (1) of the Georgia Constitution of 1983, Chief Justice as the chief presiding and 28

administrative officer of Georgia Supreme court instead to transfer this pending file to the First division of Court of Appeals of Georgia, the barns family, Presiding, Judge Anne Elizabeth Barnes, Judge Carla Wong McMillian, and Judge Clyde L. Reese III, and concealed on the first line The underlying original 3:30 P.M on [Saturday, [December, 19th 20151 "Lilburn City Municipal Corporation Georgia Uniform Traffic Citation" [Citation] ["UTC"] No. [115-191] is filed on May 20t, 2016 by Attorney, Ms. Rosanna M. Szabo, Solicitor-General of Gwinnett County, Ga. Bar No. [532490]. which triggered this proceeding as he stated:- [Maha Z. Rayan has been charged by accusation with theft by shoplifting] his correct judgment shroud be as Justice HINES, opinion in Supreme Court of Georgia- November 22, 1999 Weatherbed v. State, 271 Ga. 736, 738, 524 S.E.2d 452 - Avoid judgment may be attacked at any time, and this is not a situation in which the limitations on this rule might. apply. See Bennett v. State, 268 Ga. 849, 850, 494 S.E.2d 330 (1998) that the Supreme Court of Georgia relied upon on its judgment in Bush v. State, 273 Ga. 861, 862, 548 S.E.2d 302 (2001). The legislative grant of jurisdiction to the City Court of Atlanta provides for jurisdiction over offenses under both city ordinances and state laws "relating to and regulating traffic" and all other crimes and offenses not above the grade of misdemeanor "arising out of the same occurrence as such traffic offense." 1996 Ga. Laws 627, § 3. The plain meaning of that language is that the City Court's jurisdiction over non-traffic offenses is dependent on the existence of a charged traffic offense. "When a trial court enters a judgment where it does not have jurisdiction, such judgment is a mere nullity; but an appeal from such an illegal judgment will not be dismissed but instead, the void judgment will be reversed, as well as THE STATE v. SULLIVAN. A99A0277. (237 Ga. App. 677) (1999) Livingston v. State, 266 Ga. 501, 506 (4) (467 SE2d 886) (1996). An accusation in a court without jurisdiction must be quashed, Griffin v. State, 266 Ga. 115- 116 (1) (464 SE2d 371) (1995), and the right to attack it cannot be waived or destroyed by laches. Hubbard v. State, 225 Ga. App. 154, 155 (483 SE2d 115) (1997). The judgment of a court having no jurisdiction of the person or subject matter - . . is a mere nullity " OCGA 17-9-4 " . and the right to attack it cannot be waived or destroyed by laches. Hubbard v. State, 225 Ga. App. 154, 155 (483 SE2d 115) 1997). "When a trial court enters judgment(s) where it does not have jurisdiction, such judgment is a mere nullity" and must be reversed.

XIV. CONCLUSION

The petition for a writ of certiorari should be granted. Review is required, as the demonstrated detailed above of clear of the respondent State of Georgia repugnant to the Fourth, and Fourteenth Amendments to the U.S. Constitution Where an arrest for penal law is effected without a warrant the Fourth Amendment requires a prompt J udicial determination of probable cause following arrest. Gerstein v. Pugh, 420 U. S. 103, 124-125 (fn. 26) (95 SC 854, 43 LE2d 54). In Compare with OCGA 17-4-62 29

Respectfully Submitted,

This Monday, the 22nd Day of October, 2018,

[Petitioner] /E Appetht]4 Mailing Address P0 )f 3101 LILBURNf 30048 Phone Number (770)733-1177 No.

In be 'uprtme(Court of the Uniteb 'tatc

Maha Zakaria Rayan, Petitioner,

V.

State of Georgia, Respondent.

ON PETITION FOR WRIT OF CERTIORARI To the Supreme Court of Georgia

APPENDIX TO PETITION FOR WRIT OF CERTIORARI

Maha Zakaria Rayan Petitioner, Pro se P.O Box 3101 Lilburn, GA 30048 Phone: (770) 733- 1177 Monday, October 22, 2018 WI. INDEX OF APPENDICES

7th, APPENDIX "A" June 5, 2017 - Decision of Georgia Supreme Court Transfer the April 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 [S41 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 03:30 P.M , Saturday, December 19th, 20151 Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"l [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 [161 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 7th, 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. 1-6 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 placing suspects for theft by shoplifting and other non- related traffic offenses under arrest by the Georgia Department of Driver Services- "Uniform Traffic Citation" ["UTC"] in lieu of securing a warrant for the non- related traffic I State Law Penal offenses, including theft by shoplifting for illegal fines Collection for the misdemeanors by For-profit private probation company 1-14 pages.

APPENDIX "D" April 16, 2018 - Decision of Georgia Supreme Court Denying Review Petition for Writ of Certiorari TO August 30, 2017 Decision of Georgia Court of Appeals All the Justices concur. 1-5 Pages.

APPENDIX "E" May 21, 2018- Order of Georgia Supreme Court Denying Motion for

Reconsideration - All the Justices concur. 1 Page APPENDIX "F" Statutory provisions and conflicted opinions involved 1-12 Pages.