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Sacco v. State Court of DeKalb County

Since the trial court can adequately address the plaintiff's claim that it lacks jurisdiction in his criminal case and he can appeal that decision, the plaintiff is not entitled to a writ prohibiting the trial court from exercising jurisdiction.

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The issue in this appeal is whether Phillip Paul Sacco is entitled to a writ of prohibition against the State Court of DeKalb County. Because he has an adequate legal remedy in his criminal case, we affirm the superior court’s decision that Sacco is not entitled to the writ.

Police issued Sacco a uniform traffic citation for driving an unregistered vehicle and driving without a driver’s license. He made a limited appearance in state court for the sole purpose of challenging the court’s jurisdiction. He argues that he is not a state resident, driver, or operator of a motor vehicle; is not engaged in traffic or commerce; and does not exercise any privilege that the state may regulate. The state court rejected these arguments, denied a certificate of immediate review, and set the case down for a hearing. Sacco then sought a bill of particulars and filed a petition for writ of prohibition in superior court. The superior court denied the petition, and Sacco appeals.

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