Burgess v. Meinken

Full title: BURGESS et al. v. MEINKEN

Court: Court of Appeals of Georgia

Date published: Apr 21, 1993

208 Ga. App. 587 (Ga. Ct. App. 1993)

431 S.E.2d 704

Opinion

A92A0484.

DECIDED APRIL 21, 1993.

Expunge arrest record. DeKalb Superior Court. Before Judge Mallis.

Robert E. Wilson, District Attorney, Barbara B. Conroy, Assistant District Attorney, for appellants.

Glenn Zell, Rodney S. Zell, for appellee.

Judge John W. Sognier.

After appellee Meinken was acquitted of a felony charge by operation of law, the superior court ordered the DeKalb County Police Department to expunge his arrest record, ostensibly pursuant to OCGA § 35-3-37. In Burgess v. Meinken, 204 Ga. App. 600 ( 420 S.E.2d 329) (1992), this court reversed the judgment of the trial court. However, on certiorari, the Supreme Court reversed the judgment of this court. Accordingly, the prior judgment of this court is vacated and the judgment of the Supreme Court is made the judgment of this court. The judgment of the trial court is reversed and the case is remanded for an application of the balancing test posited by the Supreme Court in Meinken v. Burgess, 262 Ga. 863 ( 426 S.E.2d 876) (1993).

Judgment reversed. Pope, C. J., and Johnson, J., concur.

DECIDED APRIL 21, 1993.