TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE

Court of Appeals of Georgia

TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE

DecidedDecember 16, 2020

DocketA21A0535

StatusPublished

This text of TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE (TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 16, 2020

The Court of Appeals hereby passes the following order:

A21A0535. TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE et al.

In this pro se petition, Terrance Mobley seeks to invoke this Court’s original jurisdiction for a writ of mandamus. Mobley appears to be asking this Court to compel the Board of Pardons and Parole to release him from incarceration. We, however, lack jurisdiction to consider his request. “Generally, the superior courts of this state have the power, in proper cases, to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction, and hence the need to resort to the appellate courts for such relief by petition filed in the appellate courts will be extremely rare.” Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983). Rather, the procedure to be followed before seeking to invoke this Court’s original jurisdiction is to file the petition in the appropriate lower court first. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984); Expedia, Inc. v. City of Columbus, 305 Ga. App. 450, 455 (2) (b) (699 SE2d 600) (2010) (“Except in the rarest of cases, litigants seeking to invoke this Court’s original jurisdiction . . . must first petition the superior court for such relief.”). This is not one of the extremely rare instances in which this Court will exercise its original jurisdiction. See Gay v. Owens, 292 Ga. 480, 482-483 (2) (738 SE2d 614) (2013). Until Mobley has pursued mandamus relief in superior court and obtained a ruling thereon, there is no basis for this Court to exercise jurisdiction. See Brown, 251 Ga. at 436-437. Accordingly, this petition is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/16/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 16, 2020

The Court of Appeals hereby passes the following order:

A21A0535. TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE et al.

In this pro se petition, Terrance Mobley seeks to invoke this Court’s original jurisdiction for a writ of mandamus. Mobley appears to be asking this Court to compel the Board of Pardons and Parole to release him from incarceration. We, however, lack jurisdiction to consider his request. “Generally, the superior courts of this state have the power, in proper cases, to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction, and hence the need to resort to the appellate courts for such relief by petition filed in the appellate courts will be extremely rare.” Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983). Rather, the procedure to be followed before seeking to invoke this Court’s original jurisdiction is to file the petition in the appropriate lower court first. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984); Expedia, Inc. v. City of Columbus, 305 Ga. App. 450, 455 (2) (b) (699 SE2d 600) (2010) (“Except in the rarest of cases, litigants seeking to invoke this Court’s original jurisdiction . . . must first petition the superior court for such relief.”). This is not one of the extremely rare instances in which this Court will exercise its original jurisdiction. See Gay v. Owens, 292 Ga. 480, 482-483 (2) (738 SE2d 614) (2013). Until Mobley has pursued mandamus relief in superior court and obtained a ruling thereon, there is no basis for this Court to exercise jurisdiction. See Brown, 251 Ga. at 436-437. Accordingly, this petition is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/16/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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TERRANCE MOBLEY v. STATE BOARD OF PARDONS AND PAROLE, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrance-mobley-v-state-board-of-pardons-and-parole-gactapp-2020.

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