BOBBY L. CHAVIS JR. v. BARRY A. FLEMINGS
CourtCourt of Appeals of Georgia
Date FiledOctober 28, 2026
DocketA27O0023
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 28, 2026
The Court of Appeals hereby passes the following order:
A27O0023. BOBBY L. CHAVIS JR. v. BARRY A. FLEMINGS, et al.
Bobby L. Chavis Jr. filed a pro se petition in this Court, arguing that his
probation was improperly revoked and seeking reinstatement of and termination of
four to six years of his probation. For reasons that follow, the petition is subject to
dismissal on at least two grounds.
First, to the extent that Chavis is attempting to invoke this Court’s original
mandamus jurisdiction, he has not followed the proper procedure.
Generally, the superior courts of this state have the power, in proper
cases, to issue process in the nature of mandamus, prohibition, specific
performance, quo warranto, and injunction, and hence the need to resort
to the appellate courts for such relief by petition filed in the appellate
courts will be extremely rare.
Brown v. Johnson, 251 Ga. 436, 436 (306 SE2d 655) (1983), disapproved in part on
other grounds, Arnold v. Alexander, 321 Ga. 330, 336(1) (914 SE2d 311) (2025). See
also Ga. Const. of 1983, Art. VI, Sec. I, Par. IV. An appellate court’s authority to issue
such writs “is connected only to such powers as necessary in aid of its jurisdiction or
to protect or effectuate its judgments. It does not grant jurisdiction to [the appellate
court] to issue process as an original matter wholly unconnected to its appellate
jurisdiction.” Arnold, 321 Ga. at 334(1) (quotation marks omitted). Thus, except in the
rarest of cases, the procedure to be followed before seeking to invoke this Court’s
original mandamus jurisdiction is to file the petition in the appropriate lower court
first. See Graham v. Cavender, 252 Ga. 123, 123 (311 SE2d 832) (1984), disapproved
in part on other grounds, Arnold, 321 Ga. at 336(1) & n.7; Expedia, Inc. v. City of
Columbus, 305 Ga. App. 450, 455(2)(b) (699 SE2d 600) (2010), disapproved in part
on other grounds, Arnold, 321 Ga. at 336(1) & n.7.
Here, the record contains no indication that Chavis obtained a ruling in the
superior court on the claims in his mandamus petition. Moreover, this is not one of
the extremely rare instances in which this Court will exercise original mandamus
jurisdiction. See generally Humphrey v. Owens, 289 Ga. 721, 722 (715 SE2d 119) (2011)
(explaining that a mandamus petition is not the proper vehicle for seeking post-appeal
relief in a criminal matter); Ford Motor Co. v. Lawrence, 279 Ga. 284, 285 (612 SE2d
301) (2005) (“Extraordinary writs are not the proper remedy to seek review of a ruling
made by a trial court where there is a right of judicial review of the judge’s ruling,
because the availability of judicial review is an adequate legal remedy that eliminates
the availability of mandamus relief.”).
Second, to the extent Chavis’s petition can be construed as a discretionary
application under OCGA § 5-6-35(a)(5) — which is required to appeal an order
revoking probation — it is untimely. An application for discretionary appeal must be
filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-
6-35(d). This deadline is jurisdictional, and this Court cannot accept an application
for appeal not made in compliance with the statute. See Boyle v. State, 190 Ga. App.
734, 734 (380 SE2d 57) (1989). Because Chavis filed this petition on October 14, 2026,
135 days after entry of the June 1, 2026 order revoking his probation, we lack
jurisdiction.
Accordingly, Chavis’s petition is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/28/2026
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.