Georgia Lions Eye Bank, Inc. v. Lavant , 255 Ga. 60 ( 1985 )

Marshall, Presiding Justice,

dissenting.

While I am heartily in favor of the purpose of the statute in question to provide corneal tissue for transplants, I am constrained to hold that the statute violates the due process provisions of the Constitutions of Georgia and the United States. The statute fails to provide notice to the next of kin and a realistic opportunity to object to the corneal tissue removal, and, therefore, in my opinion, violates the fundamentals of due process.

I respectfully dissent.