Hart v. Burford

In August 2014, Nicholas Hart was charged by the City of Sandy Springs with two counts of misdemeanor disorderly conduct under Section 38-54 of the city’s municipal code. Hart filed a demand for jury trial with the Sandy Springs Municipal Court, which Judge Joseph Burford denied. In September 2014, following a bench trial, Judge Burford found Hart guilty and sentenced him to six months of probation on each count to run consecutively, a $1,000 fine on each count, and 30 days in jail to be served on 15 consecutive weekends. Hart appealed by filing a petition for certiorari in superior court, but that petition was dismissed because Hart failed to properly serve appellees and to file the record. Hart later filed a habeas petition against Judge Burford, Mayor Rusty Paul, and other Sandy Springs officials, alleging Judge Burford had improperly denied him his right to a jury trial and that his appellate counsel had provided ineffective assistance. The habeas court denied relief, and Hart filed this appeal to the Georgia Supreme Court. The Supreme Court found Hard failed to demonstrate on record any adverse collateral consequence from his misdemeanor conviction, and dismissed his appeal as moot. View "Hart v. Burford" on Justia Law