by Ed Lyon
Georgia prisoner James Brock was convicted of several crimes in 2011, two of which were murder. He could have faced a death penalty. Available information did not state his actual sentence(s).
Brock filed a mandamus petition in a lower court to obtain records to support his post-conviction allegations of double jeopardy for being indicted twice for one of his murder convictions. The lower court denied the mandamus petition. Brock appealed to the state Supreme Court.
After a lengthy discourse concerning its jurisdiction in Brock's and similar situations, the Supreme Court ruled that it does have jurisdiction over criminal matters where a death penalty either was, or could have been imposed.
In Brock’s specific situation, however, he filed for mandamus relief in a separate civil action, and because of that, he should have appealed the lower court's denial through a discretionary application process. His appeal was dismissed per curium.
See: Brock v. Hardman, 2018 Ga. LEXIS 353 (2018).
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Related legal case
Brock v. Hardman
|Cite||2018 Ga. LEXIS 353|
|Level||State Supreme Court|