Samsal ex rel. Daniel v. Cole

Summary

The Alabama Supreme Court considers a sheriff's petition for a writ of mandamus challenging an order requiring production of a complete criminal investigative file in a related civil action. Applying Ala. Code § 12-21-3.1, the court holds that the trial court exceeded the permissible scope of discovery by ordering production of the entire file, but that unique crime-scene photographs could be produced upon a showing of undue hardship and unavailability from other sources.

Holdings

1. Ala. Code 1975, § 12-21-3.1 does not create an absolute privilege; the statutory exceptions govern whether investigative materials may be discovered in a civil proceeding.
2. The crime-scene photographs were discoverable because Cole established that they were unique, unavailable from other reasonable sources, and necessary to avoid undue hardship.
3. The trial court's order exceeded the scope of the request as narrowed during the proceedings because it required production of the entire investigative file rather than limiting production to the crime-scene photographs.

Questions Presented

1. Whether Ala. Code 1975, § 12-21-3.1(c), permits a noncriminal party in a civil action to obtain law-enforcement investigative materials when the party proves undue hardship and unavailability from other reasonable sources.
2. Whether the Jefferson Circuit Court exceeded its statutory discretion by ordering production of the sheriff's entire investigative file rather than limiting production to the specifically requested crime-scene photographs.
3. Whether Cole waived any objection to production of the crime-scene photographs by actively seeking their production.

Disposition

writ_granted