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Whatley v. State

The trial court properly denied the defendant's general demurrer, since she challenged O.C.G.A. § 16-13-43 subsection a 6 on its face and a facial challenge was not warranted.

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On March 28, 2013, Bernadette Bowie Whatley was indicted for withholding information from a practitioner pursuant to OCGA § 16 13 43 a 6. That statute deals with the distribution of controlled substances by prescription and provides that it is unlawful to “withhold information from a practitioner that such person has obtained a controlled substance of a similar therapeutic use in a concurrent time period from another practitioner.” On April 24, 2013, Whatley filed a general demurrer, contending among other things that the statute was unconstitutionally vague. The trial court ruled that OCGA § 16 13 43 a 6 was not unconstitutionally vague on its face, and we granted Whatley’s application for an interlocutory appeal to consider the propriety of this ruling. As set forth below, we affirm the denial of Whatley’s general demurrer under the right-for-any-reason doctrine.

It is well-settled that the

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