Daker v. Ray, 563 S.E.2d 429 (Ga. 2002). · Go Syfert
Daker v. Ray, 563 S.E.2d 429 (Ga. 2002). Cases Citing This Book View Copy Cite
“the board's constitutional power to make parole decisions is discretionary. . . . njothing in the applicable statutes mandates that the guidelines control the final parole decision.”
46 citation events (46 in the last 25 years) across 5 distinct courts.
Strongest positive: Cruz v. State (gactapp, 2012-05-10)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (quoted) Cruz v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence low
the board's constitutional power to make parole decisions is discretionary. . . . njothing in the applicable statutes mandates that the guidelines control the final parole decision.
discussed Cited as authority (rule) Roger C. Day v. Terry E. Bernard
Ga. Ct. App. · 2020 · confidence medium
In 2012, the Board denied parole on the ground that Day’s release “would not be compatible with the welfare of society . . . due to the severe nature of the offenses for which [he] was convicted.” In 2015, the 8 Daker v. Humphrey, 294 Ga. 504, 505-506 ( 755 SE2d 201 ) (2014). 9 Grant v. Byrd, 265 Ga. 684 (2) ( 461 SE2d 871 ) (1995). 10 See Daker v. Ray, 275 Ga. 205, 206 (2) ( 563 SE2d 429 ) (2002). 11 See Mayo v. Head, 280 Ga. 793 ( 631 SE2d 108 ) (2006) (“Mandamus will not lie to compel an official to perform a discretionary act unless such discretion has been grossly abused.”) (foo…
discussed Cited as authority (rule) In re McGhee
Cal. Ct. App. · 2019 · confidence medium
The guidelines simply establish an initial date of eligibility for parole, and the ultimate grant or denial of parole to a prisoner who is eligible under the 11 guidelines remains a discretionary matter for the Board.” (Daker v. Ray (Ga. 2002) 275 Ga. 205, 206 [ 563 S.E.2d 429 ].) In Arkansas and New Jersey, the parole boards employ an approach that is functionally opposite to the department’s approach; rather than categorically deny a parole hearing to inmates with poor disciplinary records, the Arkansas and New Jersey parole boards screen for inmates with positive records and, in some ca…
discussed Cited as authority (rule) In re McGhee
Cal. Ct. App. · 2019 · confidence medium
The guidelines simply establish an initial date of eligibility for parole, and the ultimate grant or denial of parole to a prisoner who is eligible under the 11 guidelines remains a discretionary matter for the Board.” (Daker v. Ray (Ga. 2002) 275 Ga. 205, 206 [ 563 S.E.2d 429 ].) In Arkansas and New Jersey, the parole boards employ an approach that is functionally opposite to the department’s approach; rather than categorically deny a parole hearing to inmates with poor disciplinary records, the Arkansas and New Jersey parole boards screen for inmates with positive records and, in some ca…
discussed Cited as authority (rule) Dale Scott Davies v. Cook County Superior Court
Ga. Ct. App. · 2018 · confidence medium
See also Harper v. State, 286 Ga. 216, 218 (1) ( 686 SE2d 786 ) (2009); Daker v. Ray, 275 Ga. 205, 206 (1) ( 563 SE2d 429 ) (2002) (holding that the trial court correctly denied prisoner’s filing because a civil action is not an appropriate method of challenging the validity of a criminal conviction and sentence).
discussed Cited as authority (rule) Kenneth Malone v. Deborah Benefield, Judge
Ga. Ct. App. · 2018 · confidence medium
See id.; see also Harper v. State, 286 Ga. 216, 218 (1) ( 686 SE2d 786 ) (2009); Daker v. Ray, 275 Ga. 205, 206 (1) ( 563 SE2d 429 ) (2002) (holding that the trial court correctly denied prisoner’s filing because a civil action is not an appropriate method of challenging the validity of a criminal conviction and sentence).
discussed Cited as authority (rule) Sabino Cruz v. State
Ga. Ct. App. · 2012 · confidence medium
The ultimate decision of whether to grant or deny parole is left to the discretion of the State Board of Pardons and Paroles, and thus, a release on parole is not guaranteed.3 See Ray v. Carthen, 275 Ga. 459, 460 (1) ( 569 SE2d 542 ) (2002); Daker v. Ray, 275 Ga. 205, 206 (2) ( 563 SE2d 429 ) (2002) (“The Board’s constitutional power to make parole decisions is discretionary. . . . [N]othing in the 2 Cruz has filed a motion to remand this case to the trial court for an evidentiary hearing so that he can attempt to elicit evidence showing that counsel failed to inform him of the parole comp…
discussed Cited as authority (rule) Bradshaw v. State (2×)
Ga. · 2008 · confidence medium
Although parole is a discretionary matter for the Board of Pardons and Paroles, “the General Assembly has required the Board to establish and use a parole guidelines system. [Cit.]” Daker v. Ray, 275 Ga. 205, 206 (2) ( 563 SE2d 429 ) (2002).
cited Cited as authority (rule) Garnett v. Hamrick
Ga. · 2006 · confidence medium
Daker v. Ray, 275 Ga. 205, 206 (1) ( 563 SE2d 429 ) (2002).
examined Cited "see, e.g." Cook v. State (4×)
Ga. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Daker v. Ray, 275 Ga. 205, 206 (563 SE2d 429) (2002) (rejecting the writ of mandamus as a means to challenge a conviction and sentence as void and identifying habeas corpus as the exclusive remedy under the circumstances); Davis v. State, 274 Ga. 865 (561 SE2d 119) (2002) (rejecting untimely motion to withdraw guilty plea and noting that the only means available to challenge the convicted defendant’s guilty plea was habeas corpus).
examined Cited "see, e.g." Manley v. State (4×)
Ga. · 2010 · signal: see also · confidence low
See also Daker v. Ray, 275 Ga. 205, 206 , 563 S.E.2d 429 (2002) (parole guidelines established and used by the Parole Board "simply establish an initial date of eligibility for parole, and the ultimate grant or denial of parole to a prisoner who is eligible for parole remains a discretionary matter for the Board").
examined Cited "see, e.g." Mikell v. State (4×)
Ga. · 2010 · signal: see also · confidence medium
See also Daker v. Ray, 275 Ga. 205, 206 ( 563 SE2d 429 ) (2002) (parole guidelines established and used by the Parole Board “simply establish an initial date of eligibility for parole, and the ultimate grant or denial of parole to a prisoner who is eligible for parole remains a discretionary matter for the Board”).
discussed Cited "see, e.g." Grier v. Peed (2×)
Ga. · 2003 · signal: see also · confidence medium
See also Daker v. Ray, 275 Ga. 205, 206 (1) ( 563 SE2d 429 ) (2002) (habeas corpus, rather than mandamus, was the appropriate remedy).
Retrieving the full opinion text from the archive…
DAKER
v.
RAY Et Al.
S02A0682.
Supreme Court of Georgia.
Apr 29, 2002.
563 S.E.2d 429
Waseem A. Daker, pro se., Thurbert E. Baker, Attorney General, Katherine E. Evans, Assistant Attorney General, for appellees.
Carley.
Cited by 20 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Court of Appeals of Georgia (1)
Carley, Justice.

In 1996, a jury found Waseem Daker guilty of two counts of aggravated stalking, and the trial court sentenced him to two consecutive five-year terms. The Court of Appeals affirmed, and this Court denied certiorari. Daker v. State, 243 Ga. App. 848 (533 SE2d 393) (2000), cert. den. 244 Ga. App. 897 (2000). Alleging that he was a pauper, Daker attempted to file a pro se petition seeking mandamus and declaratory relief against Chairman Ray and the other members of the Board of Pardons and Paroles (Board). He contended that he is entitled to a pardon because his convictions and sentences are void. In the alternative, he sought to compel the Board to consider him for parole because he had served more than one-third of his sentences, to reconsider him for parole on a periodic basis, and to adhere strictly to[*206] the parole guidelines mandated by OCGA § 42-9-40. The trial court found no justiciable issue of fact or law in any of the claims, and denied filing pursuant to OCGA § 9-15-2 (d). We granted Daker’s application for discretionary appeal from the trial court’s order.

1. OCGA § 9-15-2 (d) authorizes the denial of filing “if the pleading shows on its face such a complete absence of any justiciable issue of law or fact that the court could not reasonably grant any relief against any party named therein.” Yizar v. Ault, 265 Ga. 708 (1) (462 SE2d 141) (1995). With regard to the assertion that the convictions and sentences are void, “declaratory judgment is not a proper remedy. [Cits.]” Pendleton v. City of Atlanta, 236 Ga. 479, 480 (1) (224 SE2d 357) (1976). Mandamus is also inappropriate because, under the circumstances, the exclusive remedy is a petition for a writ of habeas corpus. Saleem v. Forrester, 262 Ga. 693-694 (424 SE2d 623) (1993). Compare Riley v. Garrett, 219 Ga. 345, 351 (2) (133 SE2d 367) (1963). Mandamus can issue only “if there is no other specific legal remedy for the legal rights.” OCGA § 9-6-20. Therefore, the trial court correctly denied filing as to Daker’s claim that his convictions and sentences are void.

2. The Board “is constitutionally vested with the power to grant parole, though the General Assembly has the ability to determine who is eligible for consideration of parole. [Cit.]” Vargas v. Morris, 266 Ga. 141, 142 (2) (465 SE2d 275) (1996). The Board’s constitutional power to make parole decisions is discretionary. Justice v. State Bd. of Pardons & Paroles, 234 Ga. 749, 751 (2) (218 SE2d 45) (1975). In the exercise of its authority to determine parole eligibility, the General Assembly has required the Board to establish and use a parole guidelines system. OCGA § 42-9-40 (a). See also OCGA § 42-9-42 (c). However, nothing in the applicable statutes mandates that the guidelines control the final parole decision. The guidelines simply establish an initial date of eligibility for parole, and the ultimate grant or denial of parole to a prisoner who is eligible under the guidelines remains a discretionary matter for the Board. This is clear from the guidelines themselves, in that the Board expressly reserved its discretion to deviate from the recommended parole date derived therefrom. Vargas v. Morris, supra at 142 (2). Thus, the trial court properly denied filing as to Daker’s claim seeking to compel the Board to grant parole based strictly upon his eligibility under the guidelines. Dance v. Garner, 267 Ga. 126 (475 SE2d 646) (1996).

3. Daker is entitled to the Board’s timely consideration for parole. Ray v. Barber, 273 Ga. 856, 857 (2) (548 SE2d 283) (2001); OCGA § 42-9-45 (a), (b). In its brief, the Board contends that it has considered him for parole. If that is true, then the Board has a valid defense to Daker’s claim. However, the merits of the allegations were not addressed below, since the trial court ordered that the pleading[*207] not be filed. The validity of that ruling is dependent upon whether the petition stated a claim for relief. Mosier v. State Bd. of Pardons & Paroles, 213 Ga. App. 545 (2) (445 SE2d 535) (1994). Daker’s pleading must be construed most favorably for him. Tri-City Sanitation v. Action Sanitation Sue., 227 Ga. 489 (181 SE2d 377) (1971). Accordingly, the trial court erred in refusing to allow filing as to the claim for timely parole consideration. Ray v. Barber, supra at 857 (2).

Decided April 29, 2002 Reconsideration denied May 28, 2002. Waseem A. Daker, pro se. Thurbert E. Baker, Attorney General, Katherine E. Evans, Assistant Attorney General, for appellees.

4. Because the trial court denied filing, and did not conduct a bench trial, findings of fact and conclusions of law were unnecessary. OCGA § 9-11-52 (a).

Judgment affirmed in part and reversed in part.

All the Justices concur.