Davis v. Deen
2014 Ark. 313
| Ark. | 2014Background
- Willie Gaster Davis, Jr., a pro se inmate convicted of first-degree murder and related offenses, sought crime-lab records concerning hair testing from the Arkansas State Crime Laboratory.
- In 2010 Davis submitted a FOIA request to Richard Gallagher, custodian at the crime lab, seeking documentation of testing on hairs recovered from the victim.
- Gallagher responded that release required permission from the prosecuting attorney under Ark. Code Ann. § 12-12-312, so Davis requested permission from Desha County Prosecuting Attorney Thomas Deen; Deen did not respond.
- In 2012 Davis filed a petition for writ of mandamus in Desha County Circuit Court asking the court to order Deen to permit release or, alternatively, to order the crime lab to release the records directly.
- The circuit court dismissed the petition, finding Davis had not established a legal right to the records and treating the prosecuting attorney’s duty to release as discretionary.
- The Arkansas Supreme Court reviewed statutory text governing crime-lab disclosure and directed the circuit court to order release of records to Davis under § 12-12-312.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis has a legal right to crime-lab records relating to his case | Davis argued the statute grants a defendant full access to all records and the lab must disclose evidence in the defendant’s case | Deen (and circuit court) treated permission as discretionary and argued Davis lacked a legal right to compel release | The court held the statute guarantees a defendant (or counsel) access and mandates the lab disclose evidence to the defendant; reversed and remanded for entry of an order directing release |
| Whether mandamus relief could compel either the prosecutor to permit release or the lab to produce records directly | Davis requested mandamus to force Deen to permit release or to compel the lab to release records without prosecutorial permission | Deen/nonmoving party argued no ministerial duty existed to compel release | Court granted alternative relief: ordered the circuit court to enter an order under § 12-12-312 directing the lab to release records to Davis |
Key Cases Cited
- Davis v. State, 330 Ark. 76 (1997) (affirming Davis’s criminal convictions)
Reversed and remanded for entry of an order consistent with the opinion.