Sumrall v. State

Summary

The Supreme Court of Georgia affirmed dismissal of Sumrall’s petition for retroactive first-offender treatment because he failed to obtain the prosecuting attorney’s consent before filing, and the statute does not treat prosecutorial inaction as implied consent. The court also upheld the statute against Georgia and federal constitutional challenges, concluding that the Georgia Constitution protects the choice between self-representation and counsel rather than a general right of court access, and that Sumrall showed no deprivation of any assumed federal access right. All the Justices concurred.