Dance v. Garner

Fletcher, Presiding Justice.

Donald Dance appeals the denial of the filing of his Petition for Writ of Mandamus. Because mandamus is not available to compel a public official to perform a discretionary act unless there is a gross abuse of discretion, we affirm.

Dance is currently incarcerated and brought this mandamus action against J. Wayne Garner, the former Chairman of the Board of Pardons and Paroles, to require Garner to set a tentative release date in accordance with the Parole Decision Guidelines. In adopting these guidelines, the Pardons and Paroles Board reserved the discretion to…