Chisholm v. Cofer

Chisholm presented a pro se petition for writ of mandamus and affidavit of indigency, asking the superior court to compel a magistrate to issue an arrest warrant against an individual for false swearing in a notary public application. He appeals from an order denying the filing of the writ of mandamus for failure to state a claim for relief. See OCGA § 9-15-2 (d).

A magistrate has discretion to determine whether or not probable cause exists for the issuance of an arrest warrant based on his own knowledge or on the information of others given to him under oath. OCGA § 17-4-40. Mandamus is an…