Mayo v. Head

SEARS, Chief Justice.

William Mayo and Gerald Rose appeal from the trial court’s denial of their petition for mandamus, by which they sought to compel the Cobb County District Attorney, Patrick Head, to prosecute an instance of perjury that they claim was committed during Mayo’s 1992 criminal trial for armed robbery. Appellants claim that Mayo’s conviction was based on perjured testimony, and that if the perjury were prosecuted, he would be entitled to a new trial.

Prosecuting officials, however, are vested with broad discretion in determining whether to prosecute a particular case.1 Mandamus…