Gay v. Owens
2013 Ga. LEXIS 156
Ga.2013Background
- Gay was convicted of escape in Cobb County in 2011 and is imprisoned in Tennessee.
- He filed a petition for writ of mandamus in this Court seeking additional pre-trial sentence credit.
- The Fulton County clerk returned the petition for filing for lack of proper form under OCGA § 9-10-14 (b).
- This Court declined to strike the petition for filing due to jurisdictional question, and dismissed it as not a proper original petition in this Court.
- OCGA § 9-10-14 (b) requires inmates to file initial pleadings on AOC forms when suing state or local government agencies or officers.
- The Court held that the statute’s “inmate” language refers only to inmates in Georgia, not those incarcerated elsewhere, so the form requirement does not apply to Gay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of OCGA 9-10-14(b) for out-of-state inmates | Gay argues the statute covers all inmates seeking access to Georgia courts. | Owens contends the statute only covers inmates in Georgia. | Statute covers only Georgia inmates. |
| Clerk's acceptance of petition under 9-10-14(b) | Gay's filing should not have been struck; the petition should proceed. | Clerk properly rejected nonconforming filing under the statute. | No strike; but petition dismissed on jurisdictional grounds for original filing. |
| Where must Gay's mandamus petition be filed | This Court has original jurisdiction to hear mandamus petitions. | Only a superior court may hear mandamus petitions not within this Court's extremely rare category. | Petition must be filed initially in superior court. |
Key Cases Cited
- Brown v. Johnson, 251 Ga. 436 (1983) (extremely rare jurisdiction for original mandamus)
- King v. State of Ga., 268 Ga. 384 (1997) (statutory form requirements apply to docketing)
- Donald v. Price, 283 Ga. 311 (2008) (no docketing without statutorily required form)
- Rowland v. State, 264 Ga. 872 (1995) (court must raise jurisdiction questions)
- Tatis v. State, 289 Ga. 811 (2011) (look to ordinary meaning and legislative intent)
- East West Express v. Collins, 264 Ga. 774 (1994) (statutes construed with related provisions)
- Hendry v. Hendry, 292 Ga. 1 (2012) (statutory construction within statutory framework)