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