Michael L. Rayam v. Sexual Offender Registration Review Board

• Court: Court of Appeals of Georgia
• Decided: March 15, 2018
• Docket: A18A1210
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 06, 2018

The Court of Appeals hereby passes the following order:

A18A1210. MICHAEL L. RAYAM v. SEXUAL OFFENDER REGISTRATION REVIEW BOARD.

Several years after the Sexual Offender Registration Review Board (the “Board”) classified Michael Rayam as a “sexually dangerous predator,” Rayam filed a petition in the superior court seeking judicial review of the Board’s decision. The superior court granted the Board’s motion for summary judgment on the ground that Rayam’s claim was time-barred, and Rayam filed this direct appeal. We lack jurisdiction. An appeal from a decision of a superior court reviewing a decision of the Board must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5.1), (b); see Gregory v. Sexual Offender Registration Review Bd., 298 Ga. 675, 676, n. 2 (784 SE2d 392) (2016). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Rayam’s failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/06/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Wi tness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.