Yakenski Stevens v. Denise Marshall, Judge
CourtCourt of Appeals of Georgia
Date FiledSeptember 23, 2026
DocketA27O0008
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 23, 2026
The Court of Appeals hereby passes the following order:
A27O0008. YAKENSKI STEVENS v. DENISE MARSHALL, JUDGE.
This petition for a writ of mandamus was transferred to this Court by the
Supreme Court of Georgia. See Case No. S26O1687 (Aug. 11, 2026). In it, petitioner
Yakenski Stevens asks for a writ to compel the trial court judge in his criminal case to
rule on multiple post-conviction motions he claims to have filed in that case. For the
reasons that follow, his petition is dismissed.
Both the superior and appellate courts of this state “have the power to issue
process in the nature of mandamus, prohibition, specific performance, quo warranto,
and injunction.” Ga. Const. of 1983, Art. VI, Sec. I, Par. IV. As explained by the
Supreme Court of Georgia, however, 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 v. Alexander, 321 Ga. 330, 334(1) (914 SE2d 311) (2025) (quotation marks
omitted).
Here, Stevens has not shown that his mandamus petition is related to any
appeal or impending appeal in this Court or is necessary in aid of our appellate
jurisdiction or to protect or effectuate any appellate court judgments. This case
therefore does not present one of the “extremely rare” instances in which this Court
will grant mandamus relief. See Arnold, 321 Ga. at 335(1) & n.6 (quotation marks
omitted). Furthermore, though Stevens asserts that he filed a petition for a writ of
mandamus in the trial court, there is no order rejecting his filing in the documents he
filed with his petition. Absent a ruling by the superior court or an impending appeal
therefrom, this Court’s jurisdiction is not invoked. See Arnold, 321 Ga. at 334(1).
Consequently, there is no basis for this Court to exercise its original jurisdiction, and
this petition is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/23/2026
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.