CHE FLUELLEN v. STATE COURT OF FAYETTE COUNTY
Summary of the case CHE FLUELLEN v. STATE COURT OF FAYETTE COUNTY
The Court of Appeals of the State of Georgia denied Che Fluellen's Petition for Prohibition, which sought to prevent the prosecution of pending criminal charges due to alleged insufficient information on jurisdiction, venue, and bias of the judge. The court emphasized that prohibition is not applicable when other legal remedies are available.
Key Issues of the case CHE FLUELLEN v. STATE COURT OF FAYETTE COUNTY
- Sufficiency of information regarding jurisdiction and venue
- Alleged judicial bias
Key Facts of the case CHE FLUELLEN v. STATE COURT OF FAYETTE COUNTY
- Fluellen filed a Petition for Prohibition to stop prosecution.
- Claims included insufficient information and judicial bias.
Decision of the case CHE FLUELLEN v. STATE COURT OF FAYETTE COUNTY
Petition for Prohibition denied.
Opinions
Court of Appeals of the State of Georgia ATLANTA,____________________ May 07, 2025 The Court of Appeals hereby passes the following order: A25E0113. FLUELLEN v. STATE COURT OF FAYETTE COUNTY et al. Upon consideration of the applicant’s Petition for Prohibition, the same is hereby DENIED. The applicant seeks to prevent the lower court from prosecuting several pending criminal charges against him on the ground that “the prosecution has failed to provide sufficient information regarding the nature and cause of the accusations, specifically the elements of personal jurisdiction, venue, and the nature of the action,” and to “disqualify the judge for being partial, prejudice, improper demeanor and bias.” Prohibition will not lie where there is another legal remedy. Stokes v.
Edwards, 272 Ga. 98, 526 S.E.2d 853 (2000). Likewise, exhaustion of other legal remedies will be required before a writ of prohibition may be sought. Gordon v. Whitwell, 278 Ga. 708, 607 S.E.2d 542 (2004).
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/07/2025 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.