Daker v. Humphrey, 294 Ga. 504

Daker was convicted in Cobb County in September 2012 of malice murder and related offenses and sentenced to life plus terms of years.
While incarcerated, Daker claimed he had no access to a law library or legal materials.
On January 10, 2013, proceeding pro se, he filed a mandamus petition in Butts County Superior Court seeking access to a law library, with a pauper's affidavit.
The Superior Court denied filing the mandamus petition as frivolous on its face on February 14, 2013, and denied in forma pauperis status.
This Court granted discretionary review to address whether the trial court erred in denying filing, and reversed, remanding for filing and to reconsider the pauper’s affidavit.
The Court held that prisoners have a right of access to the courts and that denial should be carefully considered; the mandamus petition must proceed if filing is allowed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred denying filing of the mandamus petition.	Daker contends he lacks access to a law library necessary to pursue legal claims.	Humphrey argues the petition was frivolous on its face and could be denied.	Yes; reversed and remanded for filing and pauper affidavit reconsideration.

Bounds v. Smith, 430 U.S. 817 (U.S. 1977) (prisoners' right to access the courts requires law libraries or trained assistance)
Portis v. Evans, 249 Ga. 396 (Ga. 1982) (right to access to courts includes meaningful access in Georgia law)
James v. Hight, 251 Ga. 563 (Ga. 1983) (upholding relief where inmate lacks adequate law library)
Portee v. State of Ga., 277 Ga. App. 536 (Ga. App. 2006) (consideration of inmate's lack of access during litigation)
Yizar v. Ault, 265 Ga. 708 (Ga. 1995) (validates that pleading tone possible relief absent absence of justiciable issue)
Straub v. Monge, 815 F.2d 1467 (11th Cir. 1987) (bounds applies irrespective of indigency status)