#27 in The State of Georgia v. Shafer (N.D. Ga., 1:23-cv-03720) – CourtListener.com

ORDER REMANDING the State's criminal prosecution of David J. Shafer under Section 1455 to Fulton County Superior Court. The Court also DENIES Shafer's habeas corpus petition and DECLINES to issue a certificate of appealability. Finally, the Court DENIES Shafer's request for equitable relief. In the light of these holdings, the Court DIRECTS the Clerk of Court to CLOSE this case. The Court's conclusion is not to suggest any opinion about the State's case against Shafer. The Court makes no ruling on the merits of the charges against Shafer or any defense that he may offer. Shafer maintains the presumption of innocence and bears no burden of proving that he did not commit the crimes charged against him. The burden of proof beyond a reasonable doubt remains with the State. This Order's sole determination is that there is no federal jurisdiction over the criminal case. The outcome of this case will be for a Fulton County judge and trier of fact to ultimately decide. Signed by Judge Steve C. Jones on 9/29/23. (rsg) (Entered: 09/29/2023)