Linell v. State
Linell v. State
Opinion of the Court
Appellant Carl Lee Linell seeks relief from the denial of his writ of mandamus that sought to order the Jefferson County Prosecuting Attorney S. Kyle Hunter to authorize the release of information and evidence from his criminal case from the Arkansas State Crime Lab. As we find the circuit court did not abuse its discretion and that Linell was not entitled to the writ, we affirm.
Factual and Procedural History
Linell was convicted of two counts of capital murder and one count of attempted murder in 1983, for which he was sentenced to two terms of life imprisonment without parole and twenty years' imprisonment to be served consecutively. Pursuant to Arkansas Code Annotated section 12-12-312 (Supp. 2015), on October 22, 2015, Linell wrote Hunter, and requested authorization for the State Crime Lab to release "information/documents pertaining to [his] 1983 trial[.]" Linell specifically requested "information in regard to testimony given by state witnesses concerning a pistol allegedly belonging to a Mr. James Nelson." The prosecuting attorney denied authorization of the requested information.
On June 21, 2016, Linell filed a petition for writ of mandamus with the circuit court requesting the court order Hunter to grant authorization to the Arkansas State *484Crime Laboratory to release the requested information and documents. Linell attached all the above-referenced correspondence to his pleading. The circuit court denied Linell's petition.
Writ of Mandamus
The purpose of a writ of mandamus in a civil or criminal case is to enforce an established right or to enforce the performance of a duty. Pritchett v. Spicer ,
On appeal, Linell argues that pursuant to Arkansas Code Annotated section 12-12-312 and Davis v. Deen ,
The State contends that the statutory language in section 12-12-312(a)(1)(B)(ii) no longer dictates mandatory disclosure as it had previously held in Davis and that the change in language adds a "prerequisite to disclosure." Specifically, the State contends that the language requires the prosecuting attorney to first know that the information in the documents retained by the crime lab would negate a defendant's guilt or reduce his punishment before the documents are required to be disclosed. Here, because the information Linell sought had no bearing on Linell's guilt or sentence, the State argues that the prosecuting attorney was not statutorily required to disclose the crime lab documents to Linell.
Arkansas Code Annotated section 12-12-312(a)(1)(B)(i) states that "[t]his section does not diminish the right of a defendant or his or her attorney to full access to all records pertaining to the case." When it comes to the Freedom of Information Act (FOIA), codified at Arkansas Code Annotated section 25-19-101 et. seq., this court has liberally interpreted the FOIA to promote access to public information. See Ark. Dep't of Corr. v. Shults ,
In Davis , subsection (a)(1)(B)(i) stated that "[n]othing in this section shall be construed to diminish the right of a defendant or his or her attorney to full access to all records pertaining to the case." That language was amended by Act 892 section 1, which went into effect on July 27, 2011, and now states that "[t]his section does not diminish the right of a defendant or his or her attorney to full access to all records pertaining to the case."
*485However, Linell's action was one for writ of mandamus against Prosecuting Attorney Hunter. Arkansas Code Annotated section 12-12-312 (a)(1)(B)(ii) states that:
Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory, and which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney.
The language of the statute makes clear that the duty of the prosecuting attorney to disclose is mandatory upon the attorney's discovery that evidence retained by the lab "tends to negate the guilt" or would "tend to reduce the punishment" of the defendant. This is not a ministerial function that is appropriate for a writ of mandamus absent the petitioner showing that the prosecutor discovered evidence retained by the lab that met the requirements of the statute. Because the prosecuting attorney's duty to disclose is not ministerial and because Linell failed to establish a clear and certain right to the relief sought, issuance of the writ of mandamus was not appropriate.
Affirmed.
Kemp, C.J., and Goodson, J., concur.
Baker and Hart, JJ., dissent.
Courtney Hudson Goodson, Justice, concurring.
I agree that a prosecutor's affirmative obligation to provide to defendants evidence from the crime lab that tends to negate a defendant's guilt or reduce the punishment is not ministerial, and I join the majority's opinion to affirm the circuit court. I write separately to emphasize my view that no authorization of any kind is required when the defendant is seeking crime-lab records that relate to his or her own case.
The Arkansas Freedom of Information Act (FOIA) generally provides that state records are available for public inspection and copying.
We have previously explained that the authorization referenced in subsection (a)(1)(A)(ii) "is discretionary as it relates to releasing information to the public ," but that a defendant "has a right to access all records pertaining to his case." Davis v. Deen ,
I concur.
Kemp, C.J. joins.
Josephine Linker Hart, Justice, dissenting.
Arkansas Code Annotated section 12-12-312(a)(1)(B)(i) (Repl. 2016) could not be clearer: "This section does not diminish the right of a defendant or his or her attorney to full access to all records pertaining to the case." Davis v. Deen ,
The purpose of section 12-12-312 is to exempt state crime-lab information from the general disclosure requirements of the Arkansas Freedom of Information Act so as to safeguard the privacy of the defendant not hamper his defense or allow the State to secretly gather a person's information. Accordingly, the majority's construction of section 12-12-312 is not only wrong, it is Orwellian. Contrary to the majority's analysis, section 12-12-312(a)(1)(B)(ii) does not add a barrier to a defendant's obtaining information in his case. It instead imposes an affirmative duty on the State, through the prosecutor, to "promptly" disclose exculpatory evidence. It states:
Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney.
Pursuant to subdivision (B)(i), a defendant has a right to the information that the state crime lab has developed in his case. This means all evidence: inculpatory, exculpatory, and inconclusive. Mr. Linell has a right to this information.
I dissent.
Baker, J., joins.
This court can affirm the circuit court's decision because it reached the right result, albeit for the wrong reason. Jones v. State ,
Reference
- Full Case Name
- Carl Lee LINELL v. STATE of Arkansas and S. Kyle Hunter, Prosecutor
- Cited By
- 5 cases
- Status
- Published