Hills McGee v. Solicitor General of Richmond County, Georgia
2013 U.S. App. LEXIS 17933
| 11th Cir. | 2013Background
- McGee was arrested in Georgia (Oct 22, 2008) for public drunkenness and obstructing an officer and arraigned Oct 23, 2008.
- He waived appointed-counsel rights after being informed of a $50 state fee; pled no contest; court imposed consecutive terms totaling 12 months, suspended, plus 24 months’ probation and a $270 fine.
- Probation included a $39 monthly supervision fee to Sentinel; in Jan 2009 the state court converted the $270 fine into 41 hours of community service.
- In Jan 2010, probation revocation was sought due to nonpayment and failure to report; court revoked sentences and ordered custody until $186 was paid; McGee remained jailed.
- McGee petitioned for habeas corpus in Jan 2010, challenging the constitutionality of Ga. statutes 15-21A-6(c) and 42-8-100(g), arguing denial of counsel and due process.
- District Court remand/removal proceedings concluded without addressing merits; district court dismissed as moot after habeas relief.
- The issue before appellate court was standing to challenge the statutes and whether remand was proper under 28 U.S.C. § 1447(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge statutes | McGee lacked standing to seek declaratory relief | McGee could show future injury from statutes | McGee lacked standing; district court lacked jurisdiction to proceed on merits. |
| Mootness and remand authority | Relief sought remained live; removal proper | Case moot after habeas relief | District Court errantly concluded mootness; §1447(c) requires remand to state court. |
| Remand of second case | Live controversy on constitutionality | No standing to proceed; mootness resolved | Court should remand to Superior Court of Richmond County. |
Key Cases Cited
- Koziara v. City of Casselberry, 392 F.3d 1302 (11th Cir. 2004) (standing for prospective relief requires likelihood of future injury)
- Johnson v. Bd. of Regents, 263 F.3d 1234 (11th Cir. 2001) (standing and Article III case-or-controversy requirements)
- Bochese v. Town of Ponce Inlet, 405 F.3d 964 (11th Cir. 2005) (standing implicates subject-matter jurisdiction; remand when lacking jurisdiction under §1447(c))
- Int'l Primate Prot. League v. Adm’rs of Tulane Educ. Fund, 500 U.S. 72 (1991) (removal jurisdiction limits; §1447(C) remand rule)