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Ex Parte State
955 So. 2d 476
Ala. Crim. App.
2011
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Background

  • Isbell was arrested for DUI and failing to yield; breath test with Draeger showed .22 BAC.
  • Isbell pled guilty in Madison District Court and appealed for a trial de novo.
  • Isbell moved for discovery about the Draeger device, its history of malfunctions, repairs, or reports.
  • Judge Hall granted the discovery request after a hearing, enabling access to the Draeger-related data.
  • The State sought mandamus to vacate that discovery order, arguing about who bears the cost of collecting/copying data.
  • DFS custody of the data and doubt about who should bear costs under the discovery order were central issues.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Court has jurisdiction to hear mandamus State argues this court has appellate jurisdiction over criminal-matter mandamus. Isbell contends the matter falls under civil-appellate jurisdiction after Galanos/Smith line of cases. This Court lacks jurisdiction; transfer to Civil Appeals is required.
Proper forum for funding/expense issue State asserts the same mandamus posture applies to pretrial discovery costs. Isbell emphasizes pretrial materials costs and right to fair trial do not implicate this court here. Resolution of funding is controlled by Civil Appeals, not this Court.

Key Cases Cited

  • Ex parte McNabb, 879 So.2d 1166 (Ala.2003) (determines proper appellate court for mandamus in certain criminal-matter contexts)
  • Ex parte Smith, 794 So.2d 1089 (Ala.2001) (discovery-material costs; mandamus proper forum questioned)
  • Ex parte Galanos, 796 So.2d 390 (Ala.2000) (indigent-defendant fees; mandamus jurisdiction discussed)
  • Ex parte Goodman, 43 Ala.App. 183 (Ala.App.1966) (mandamus jurisdiction in relation to appellate matters)
  • Nunn v. Baker, 518 So.2d 711 (Ala.1987) (courts may notice jurisdictional defects ex mero motu)
Read the full case

Case Details

Case Name: Ex Parte State
Court Name: Court of Criminal Appeals of Alabama
Date Published: May 25, 2011
Citation: 955 So. 2d 476
Docket Number: CR-05-2011
Court Abbreviation: Ala. Crim. App.