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DUBOSE v. HODGES

No. S05A2105.

625 S.E.2d 745 (2006)

280 Ga. 152

DUBOSE v. HODGES.

Supreme Court of Georgia.

January 17, 2006.

Attorney(s) appearing for the Case

Joseph Wiley Jr., Columbus, for Appellant.

Christopher S. Brasher, Asst. Atty. Gen., Thurbert E. Baker, Atty. Gen., Kay Baker, Asst. Atty. Gen., for Appellee.

SEARS, Chief Justice.

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

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