Davis v. Deen
Davis v. Deen
Concurring Opinion
Because Davis has received the specific information he sought in his FOIA request, I would hold this appeal moot and dismiss the matter. Therefore, I concur.
Hart, J., joins.
Opinion of the Court
Willie G. Davis, Jr., an inmate serving a life sentence in the custody of the Arkansas Department of Correction ("ADC"), filed a petition for writ of mandamus in the Desha County Circuit Court. The circuit court never obtained jurisdiction over James DePriest, who was not a named party and had not been served, and therefore it could not compel his action. As the circuit court had no jurisdiction below, it correctly denied Davis's petition. We affirm.
Davis's writ of mandamus was an attempt to compel production of forensic test results related to his murder conviction. The named respondent on that petition was Thomas Deen, the prosecuting attorney in Davis's case. Davis had been informed by an official with the Arkansas State Crime Laboratory ("the crime lab") that Deen's consent was necessary to release the records. That petition was denied by the circuit court; this Court, however, reversed and remanded on appeal and directed that the circuit court enter an order compelling the crime lab to release the information Davis requested. Davis v. Deen ,
The requirement that individuals and entities being haled into court be served with process is central to the American legal system. Service of valid process is a threshold requirement for establishing a court's personal jurisdiction over a party. See, e.g. , Raymond v. Raymond ,
It is uncontested that DePriest was the individual Davis wished to compel to act in this case, and it is also uncontested that DePriest was neither served with process nor even named in this case's caption, which relates to Davis's earlier grievance against the prosecutor, Deen. The circuit court was correct to deny Davis's petition due to this procedural and jurisdictional defect; any other course of action would have been entirely void.
Affirmed.
Baker and Hart, JJ., concur.
Reference
- Full Case Name
- Willie Gaster DAVIS, Jr. v. Thomas D. DEEN, Prosecuting Attorney
- Status
- Published