Art. I, Sec. I, Para. VII. Citizens, protection of.

United States citizen residents of Georgia being citizens of this state, U.S. Const., amend. 14. Rights of Georgia citizens generally, § 1-2-6. Rights of persons not citizens of Georgia generally, § 1-2-9 et seq.

1976 Constitution.

Art. I, Sec. II, Para. IX.

Safeguarding the right of the peo-Access to courts.

The 1987 amendment to O.C.G.A. § 9-3-73, which altered tolling provisions otherwise applicable to tort claims by injured minors in cases in which tort claims arose from health care professionals’ malpractice, did not violate a brain-damaged child’s right to equal protection or right of access to the courts. Smith v. Cobb County-Kennestone Hosp. Auth., 262 Ga. 566, 423 S.E.2d 235 (1992). Punishment for violent or repeat

offenders constitutional.

O.C.G.A. § 17-10-6.1, which dictates the punishment for serious violent offenders, in conjunction with O.C.G.A. § 17-10-7, the sentencing statute applicable to recidivist armed robbers, does not violate either the federal or the state constitutions. Byrd v. State, 236 Ga. App. 485, 512 S.E.2d 372 (1999).

Failure to conduct Faretta hearing.

— Trial court deprived the defendant of the defendant’s constitutional right to self-representation by summarily ruling that the defendant could not represent oneself at trial without conducting a Faretta hearing and apprising the defendant of the dangers and disadvantages of self-representation. Smith v. State, 332 Ga. App. 849, 775 S.E.2d 211 (2015). Cited in Smith v. DuBose, 78 Ga. 413, 3 S.E. 309, 6 Am. St. R. 260 (1887); Melton v. State, 180 Ga. 104, 178 S.E. 447 (1935); National Fin. Co. v. Citizens Loan & Sav. Co., 184 Ga. 619, 192 S.E. 717 (1937); Rossman v. City of Moultrie, 189 Ga. 681, 7 S.E.2d 270 (1940); Williams v. State, 199 Ga. 504, 34 S.E.2d 854 (1945); Williams v. State, 206 Ga. 837, 59 S.E.2d 384 (1950); Cox v. Peters, 208 Ga. 498, 67 S.E.2d 579 (1951); Chronister v. City of Atlanta, 99 Ga. App. 447, 108 S.E.2d 731 (1959); Mack v. Connor, 220 Ga. 450, 139 S.E.2d 286 (1964); Williams v. Shaffer, 222 Ga. 334, 149 S.E.2d 668 (1966); Sams v. Olah, 225 Ga. 497, 169 S.E.2d 790 (1969); J. Bain, Inc. v. Poulos, 121 Ga. App. 647, 175 S.E.2d 86 (1970); Houser v. State, 234 Ga. 209, 214 S.E.2d 893 (1975); Gibson v. State, 236 Ga. 874, 226 S.E.2d 63 (1976); King v. State, 244 Ga. 536, 261 S.E.2d 333 (1979); Great N. Nekoosa Corp. v. Board of Tax Assessors, 244 Ga. 624, 261 S.E.2d 346 (1979); Stoker v. Wood, 161 Ga. App. 110, 289 S.E.2d 265 (1982); In the Interest of J.H., 244 Ga. App. 788, 536 S.E.2d 805 (2000).

Requirements for state citizenship.

— A person must be a citizen, either natural born or naturalized, of the United States and must reside within this state in order to be a citizen of the State of Georgia. 1984 Op. Att’y Gen. No. 84-55.

Resident need not retain legal residence in Georgia.

It is not necessary to retain a legal residence in Georgia in order to be a resident of the state. 1958-59 Op. Att’y Gen. p. 91.

Legal resident is not actual resident.

— The fact that one is a legal resident of Georgia does not, of itself, render one an actual resident of the state. One can only be an actual resident by living in the state. 1958-59 Op. Att’y Gen. p. 91.

Effect of temporary change of residence.

Loss of citizenship does not result from a change of residence not intended to be permanent. 1958-59 Op. Att’y Gen. p. 92.

County citizenship.

Since a county is only a subdivision of the state and is not a sovereign, citizenship of a county means only domicile or residence within the county. 1984 Op. Att’y Gen. No. 84-55.

Am. Jur. 2d.

16A Am. Jur. 2d, Constitutional Law, §§ 332 et seq., 408.

ALR.

Constitutionality of discrimination as regards degree of penalty or punishment for violation of Sunday law, 8 ALR 566. Constitutionality of provisions of Workmen’s Compensation Acts which are limited to residents of the state, 12 ALR 1207; 147 ALR 925. Constitutionality of ‘‘civil rights’’ legislation by state, 49 ALR 505. Diversity of citizenship, for purposes of federal jurisdiction, in stockholders’ derivative action, 68 ALR2d 824. What businesses or establishments fall within state civil rights statute provisions prohibiting discrimination, 87 ALR2d 120. Power of municipal corporation to enact civil rights ordinance, 93 ALR2d 1028. Civil rights: racial or religious discrimination in furnishing of public utilities services or facilities, 53 ALR3d 1027. Construction and application of state equal rights amendments forbidding determination of rights based on sex, 90 ALR3d 158. Prohibition, under state civil rights laws, of racial discrimination in rental of privately owned residential property, 96 ALR3d 497. Sex discrimination in treatment of jail or prison inmates, 12 ALR4th 1219.