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Dubose v. Hodges

Mandamus was not an available remedy to compel a special prosecutor to present a criminal case to the grand jury.

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In this mandamus action, the issue is whether the trial court erred by failing to order the appellee, a special prosecutor, to re-present a criminal case to a grand jury.1 The trial court did not err, as mandamus relief is not available to compel a discretionary act,2 and as the appellee has broad discretion not to re-present the criminal case to a grand jury.3 Finally, although Dubose contends that the trial court had the authority to review and correct the grand jury’s and district attorney’s actions under OCGA § 15-6-8 4,4 that Code section only authorizes review by a proper writ, such as mandamus or certiorari,5 and, as we have already held, Dubose is not entitled to relief pursuant to his writ of mandamus. For the foregoing reasons, we affirm the judgment of the trial court.

Judgment affirmed . All the Justices concur .

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