Chandler v. Davis, 269 Ga. 727

Summary

The Supreme Court of Georgia affirmed the trial court's denial of filing a pro se petition for mandamus, holding that mandamus is not an available remedy to challenge a denial of a motion to recuse. The Court reasoned that the petitioner could have pursued an interlocutory appeal or direct appeal from the denial, and thus the trial court properly denied filing under OCGA § 9-15-2(d) as the petition showed no justiciable issue.

Holdings

1. Mandamus is not an appropriate remedy when the petitioner has an available method of appellate review; therefore, the trial court properly denied filing under OCGA § 9-15-2(d).

Questions Presented

1. Whether the trial court properly denied filing of Chandler's petition for mandamus under OCGA § 9-15-2(d) where the petition sought to compel Judge Jackson's recusal.

Disposition

affirmed