Manuel Garcia v. State

Summary

The Supreme Court of Georgia vacated its grant of interlocutory review, denied the interlocutory application, and dismissed the appeal as improvidently granted. The Court did not decide whether service by publication under OCGA § 9-16-12 (b) (3) violates due process because the record showed that Garcia was also served by certified mail at his known out-of-state address. Justice Warren's concurrence agreed with dismissal but stated that certified-mail service satisfied due process and suggested that the statute may be unconstitutional when it permits publication alone despite a known address.