Linell v. State

The Supreme Court affirmed the circuit court’s denial of Appellant’s writ of mandamus seeking to order the Jefferson County Prosecuting Attorney to authorize the release of information and evidence from Appellant’s criminal case from the Arkansas Crime Lab, holding that Appellant was not entitled to the writ.On appeal, Appellant argued that he was entitled to full access to the records and information he sought under Ark. Code Ann. 12-12-312 and that the statute obligated the prosecuting attorney to release the information. The Supreme Court held that issuance of the writ of mandamus was not appropriate because (1) 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; and (2) the prosecuting attorney’s duty in this case was not ministerial, and Appellant failed to establish a clear and certain right to the relief sought. View "Linell v. State" on Justia Law