Shakka Shaneak James v. Superior Court Gwinnett County Georgia
Docket A26D0468
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Other
- Disposition
- Granted
- Docket
- A26D0468
Application for discretionary appeal of a superior court order denying leave to file a pro se mandamus petition
Summary
The Georgia Court of Appeals granted Shakka Shaneak James's application for discretionary appeal from a superior court order that denied her request to file a pro se mandamus petition under OCGA § 9-15-2(d). The Court concluded the superior court’s denial is subject to direct appeal under state appellate statutes, so James may proceed by filing a notice of appeal. The Court directed the superior court clerk to include this order in the record and gave James ten days from this order to file a notice of appeal if she has not already done so.
Issues Decided
- Whether an order denying filing of a mandamus petition under OCGA § 9-15-2(d) is subject to direct appeal
- Whether the Court of Appeals should grant a timely application for discretionary appeal when the lower court's order is directly appealable
Court's Reasoning
The court relied on OCGA provisions that make an order denying filing of a mandamus petition appealable in the same manner as an order dismissing an action and that allow direct appeals from orders granting or refusing mandamus. Because those statutes render the superior court's denial directly appealable, the Court of Appeals concluded the discretionary-appeal application meets the statutory standard and therefore should be granted. The court accordingly permitted James to pursue a direct appeal and required the clerk to include this order in the appellate record.
Authorities Cited
- OCGA § 9-15-2(d)
- OCGA § 5-6-34(a)(1)(B)
- OCGA § 5-6-34(a)(7)
- OCGA § 5-6-35(j)
Parties
- Applicant
- Shakka Shaneak James
- Respondent
- Superior Court, Gwinnett County, Georgia
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Court of Appeals order date
- 2026-05-05
What You Should Do Next
- 1
File notice of appeal
James should file a notice of appeal in the Gwinnett County Superior Court within ten days of the May 5, 2026 order if she has not already filed one.
- 2
Ensure record transmission
The superior court clerk is directed to include a copy of this order in the record transmitted to the Court of Appeals; parties should confirm the record is complete.
- 3
Consult counsel
James should consult an attorney to prepare appellate briefs and comply with appellate procedure and deadlines applicable to the direct appeal.
Frequently Asked Questions
- What did the Court of Appeals decide?
- The court granted James's application for discretionary appeal and ruled the superior court's denial of her request to file a mandamus petition is directly appealable.
- Who is affected by this decision?
- Primarily Shakka Shaneak James and the Gwinnett County Superior Court; it affects any litigant whose filing of a mandamus petition is denied under the cited statute.
- What must James do next?
- She has ten days from the May 5, 2026 order to file a notice of appeal with the superior court if she has not already done so.
- Can this decision be appealed further?
- This order granted permission to pursue a direct appeal; further appellate review would depend on the outcome in the Court of Appeals and applicable appellate rules.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
May 05, 2026
The Court of Appeals hereby passes the following order:
A26D0468. SHAKKA SHANEAK JAMES v. SUPERIOR COURT
GWINNETT COUNTY GEORGIA.
Shakka Shaneak James filed this timely application for discretionary appeal of
the superior court’s order denying her filing of a pro se mandamus petition pursuant
to OCGA § 9-15-2(d), which provides that “[a]n order denying filing shall be
appealable in the same manner as an order dismissing an action.” See also OCGA §
5-6-34(a)(1)(B) (a party may file a direct appeal from “[a]ll final judgments, that is to
say, where the case is no longer pending in the court below”); OCGA § 5-6-34(a)(7)
(a party may file a direct appeal from “[a]ll judgments or orders granting or refusing
to grant mandamus”).
We will grant an otherwise timely application for discretionary appeal if the
lower court’s order is subject to direct appeal. OCGA § 5-6-35(j). Because the
superior court’s order denying James’s request to file her pleading is subject to direct
appeal, this application is hereby GRANTED. James shall have ten days from the date
of this order to file a notice of appeal with the superior court if she has not already
done so. The clerk of the superior court is DIRECTED to include a copy of this order
in the record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/05/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.