Gay v. Owens
Annotate this CaseChristopher Gay was convicted of escape in 2011 in Cobb County and was incarcerated in the Northeast Correctional Complex in Mountain City, Tennessee. He has filed a petition with the Georgia Supreme Court for the writ of mandamus in which he sought to have Brian Owens, the Commissioner of the Georgia Department of Corrections, to award him additional pre-trial sentence credit. Gay initially filed his petition in the Superior Court of Fulton County; however, the clerk of that court, citing OCGA 9-10-14(b), returned his petition to him without filing it. After reviewing its jurisdiction, the Supreme Court did not strike the petition from its docket for failing to meet the requirements of OCGA 9-10-14(b). Rather, the Court dismissed Gay’s petition because his petition for a writ of mandamus was one that should have been filed initially in superior court.
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