Leitch v. Flemming
Annotate this CaseThe DeKalb County district attorney brought a declaratory judgment action against the county's magistrate judges seeking guidance regarding a dispute on the proper evidentiary standards for establishing probable cause at preliminary hearings. The trial court issued a declaratory judgment in the district attorney's favor, and the Court of Appeals affirmed. The Supreme Court granted the petition for writ of certiorari to consider whether declaratory judgment was an appropriate remedy for challenging evidentiary policies or practices at preliminary hearings. Because this dispute was not a civil case that presented a justiciable controversy and declaratory relief would not provide any more guidance or certainty than current case law, the Court concluded that declaratory relief was not an appropriate remedy. Accordingly, the Court reversed.
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