IN THE SUPREME COURT

STATE OF GEORGIA

KEVIN RICHARD POWELL,

Applicant

v.

BARACK OBAMA,

Respondent

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CASE NO.

EMERGENCY ll-fOTIONFOR INJUNCTION PENDING APPEAL

J. MARK HATFIELD

HATFIELD & HATFIELD, P.C.Attorney for Applicant

201 Albany AvenueP.O. Box 1361

Waycross, Georgia 31502(912) 283-3820

Georgia Bar No. 337509mhatfield@wavxcable.com

KEVIN RICHARD POWELl.,

Applicant

IN THE SUPREME COURT

STATE OF GEORGIA

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v.

BARACK OBAMA,

Respondent

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CASE NO.

EMERGENCY :MOTION FOR INJUNCTION PENDING APPEAL

Now comes Applicant Kevin Richard Powell, by and through

undersigned counsel, and moves the Court on an emergency basis

for an injunction pE!nding this Court's determination of

Applicant's Application For Discretionary Appeal herein, and in

support of this Motion, Applicant shows to the Court the

following:

1.

The above-captioned case is an Application For Discretionary

Appeal from the SupE!rior Court of Fulton County's "Order Granting

Respondent Barack Obama's Motion to Dismiss" in Applicant's

Fulton Superior Court action appealing a Final Decision of

Georgia Secretary of State Brian P. Kemp denying Applicant's

challenge to the qU2lifications of Respondent Barack Obama, a

presidential candid2.te, to seek and hold the Office of the

President of the united States, and finding Respondent Obama

eligible as a candiclate for the presidential primary election.

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2 .

The Georgia Denlocratic Presidential Preference Primary

Election was held orlMarch 6, 2012 and is now pending the

certification of thE! results thereof by the Georgia Secretary of

State.

3 .

O.C.G.A. § 21-;:-5(e) gives Applicant the right to seek

appellate review of the adverse decision of the Superior Court

below in this matter'.

4.

This Applicatic1n For Discretionary Appeal involves, among

other issues, a sigrificant issue of constitutional law, i.e.

whether or not Respc,ndent, whose father was a foreign national

and never a United ~tates citizen, meets the "natural born

Citizen" eligibility requirement of Article II, Section I, Clause

5 of the United States Constitution.

5.

Unless the Supreme Court grants a preliminary injunction

pending appeal with regard to the Secretary of State's

anticipated certification of the results of the Georgia

Democratic Presidential Preference Primary Election, Respondent

will likely claim that Applicant's action is moot after the

certification proce~:s is completed. Although Applicant would

disagree, and does disagree, with any such claim by Respondent,

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nevertheless Applic2nt anticipates that Respondent would probably

make such an argumerlt in an effort to avoid a decision on the

merits of this appe2l.

6.

Applicant ShOWE that pursuant to O.C.G.A. § 21-2-5(e), while

"[t]he filing of thE petition shall not itself stay the decision

of the Secretary of Stater,] ...the reviewing court may order a

stay upon appropriate terms for good cause shown." Further,

O.C.G.A. § 5-3-28(b), applicable to appeals to superior court,

provides that "[t]hE superior court may issue such orders and

writs as may be necEssary in aid of its jurisdiction on appeal."

Applicant submits ttat the Supreme Court would have no less

authori ty than a sur:>eriorcourt to grant such relief. See

O.C.G.A. § 5-6-46(e) ("Nothing in this Code section shall deprive

the superior courts of their separate power to grant

supersedeas ...nor dEprive the appellate courts of the power to

grant supersedeas ir such manner as they may determine to meet

the ends of justice~).

7.

Applicant submits that, in order that Applicant may seek to

secure a review of the Superior Court's decision by the Supreme

Court, and in order that the significant issue of constitutional

interpretation raisEd by Applicant's action may be finally and

decisively adjudicated, the Supreme Court should grant a

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preliminary injunctj.on pending appeal with regard to the

Secretary of State'~: anticipated certification of the results of

the Georgia Democratic Presidential Preference Primary Election.

WHEREFORE, Applicant respectfully requests that this Court

grant the relief recuested by Applicant herein.

This 12th day of March, 2012.

HATFIELD & HATFIELD, P.C.

201 Albany AvenueP.O. Box 1361

Waycross, Georgia 31502(912) 283-3820

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CERTIFICATE OF SERVICE

I, J. Mark Hatfield, Attorney for Applicant, do hereby

certify that I have this day served the foregoing Emergency

Motion For Injunctic)n Pending Appeal upon:

Mr. Michael K. JablonskiAttorney at Law2221-D Peachtree Road NE

Atlanta, Georgia 30309

Honorable Brian P. KempSecretary of StateState of Georgia214 State CapitolAtlanta, Georgia 30334

by placing a copy of same in the United States Mail in a properly

addressed envelope ~'ith sufficient postage affixed thereto in

order to insure proper delivery, and by emailing same to Mr.

Jablonski at michael.4ablonski@comcast.net and by emailing same

to Secretary Kemp at vrusso@sos.qa.oov.

This 12th day cf March, 2012.

HATFIELD & HATFIELD, P.C.

201 Albany AvenueP.O. Box 1361

Waycross, Georgia 31502(912) 283-3820