Sumrall v. State

Summary

The court affirmed dismissal of Sumrall’s petition for retroactive first-offender treatment because he had not obtained the prosecuting attorney’s consent before filing, and the prosecutor’s failure to respond did not constitute implied consent. It also affirmed rejection of his constitutional challenges, holding that the Georgia Constitution does not create a general right of access to the courts and that Sumrall failed to establish a First Amendment violation. The court declined to decide whether Sumrall would have been eligible for first-offender treatment under the law in effect when he was convicted.