Georgia: Supreme Court citation practice | Citation rule(s)


Examples from Hollingsworth Concrete Prods., Inc., 274 Ga. 210, 553 S.E.2d 270 (2001)

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Donald Kendrix sought workers' compensation benefits following an accident that occurred while he was working for Hollingsworth Concrete Products, Inc. The Administrative Law Judge denied the claim because Kendrix tested positive for marijuana and cocaine after the accident and failed to rebut the presumption found in O.C.G.A. § 34-9-17 (b) (2) that the accident was caused by the illegal use of controlled substances. The appellate division affirmed, as did the superior court. We granted Kendrix's application to appeal to consider whether O.C.G.A. § 34-9-17 (b) (2) violates equal protection by differentiating between legal and illegal drug use. Because there is a rational basis for distinguishing between workers who are injured while taking prescription medication and those who are injured while taking illegal substances, we affirm.

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When a controlled substance is given by prescription, the use of that drug is regulated by several factors that are not present when a drug is taken illegally. A physician determines the proper dosage and duration the medication should be taken. The doctor also informs the patient of any limitations on activities that should be observed while on the medication. Additionally, the regulations governing the pharmacist who fills the prescription provide another safeguard against misuse of a controlled substance. Ga. Comp. R. & Regs. r. 480-1 et seq.

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The presumption in O.C.G.A. § 34-9-17 (b) (2) furthers the state's legitimate goal of reducing workplace accidents and increasing productivity by discouraging illegal drug use. Georgia Self-Insurers Guaranty Trust Fund v. Thomas, 269 Ga. 560, 562 (501 S.E.2d 818) (1998); see also Ester v. National Home Centers, Inc., 335 Ark. 356, 981 S.W.2d 91, 96 (Ark. 1998) (upholding constitutionality of similar provision in Arkansas law).

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Ga. Sup. Ct. R. 22, http://www.gasupreme.us/rules/#22.

Rule 22. BRIEFS: ARGUMENT AND AUTHORITY.

Any enumerated error not supported by argument or citation of authority in the brief shall be deemed abandoned. All citations of authority must be full and complete. Georgia citations must include the volume and page number of the official Georgia reporters (Harrison, Darby or Lexis). Cases not yet reported shall be cited by the Supreme Court or Court of Appeals case number and date of decision. The enumeration of errors shall be deemed to include and present for review all judgments necessary for a determination of the errors specified.

Ga. Ct. App. R. 24(c), http://www.gaappeals.us/rules2/rules.php?name=BRIEFS.

Rule 24. Preparation.

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(d) Citations. All citations of cases shall be by name of the case as well as by volume, page and year of the Official Report. Cases not yet reported shall be cited by the Court of Appeals or Supreme Court case number and date of decision.