Summary
The Supreme Court of Arkansas reviewed the dismissal of Willie Gaster Davis Jr.'s petition seeking access to crime-laboratory records related to his criminal case. The court held that Arkansas Code Annotated section 12-12-312 preserves a defendant's right to access all records pertaining to the case and mandates disclosure of evidence retained by the laboratory. The court reversed and remanded for entry of an order directing the crime laboratory to release the requested information.
Topics
Practice areas
Questions Presented
- Whether Arkansas Code Annotated section 12-12-312 gives a criminal defendant a right to access all records pertaining to the defendant's case held by the Arkansas State Crime Laboratory.
- Whether the circuit court erred by dismissing Davis's petition seeking an order directing the crime laboratory to release the requested records.
Holdings
- Arkansas Code Annotated section 12-12-312 gives a defendant a right to access all records pertaining to the defendant's case, and the laboratory must disclose all evidence in the defendant's case that it keeps, obtains, or retains.
- The circuit court must enter an order under Arkansas Code Annotated section 12-12-312 directing the crime laboratory to release the requested information to Davis.
Key quotations
“Thus, the duty of the circuit court, prosecuting attorney, and public defender to grant permission to release information is discretionary as it relates to releasing information to the public; however, the statute is clear that a defendant has a right to access all records pertaining to his case.” (at 2)
“The laboratory shall disclose to a defendant or his or her attorney all evidence in the defendant’s case that is kept, obtained, or retained by the laboratory.” (at 2)
Factual background
Davis, who was serving a life sentence after a 1996 murder conviction, requested documentation concerning testing performed on hairs recovered from the victim's body. The crime-laboratory records custodian informed him that the prosecuting attorney had to authorize release under Arkansas Code Annotated section 12-12-312. Davis asked the prosecuting attorney twice to authorize release, but received no response. He then sought mandamus or alternative relief requiring release of the records.
Procedural history
Davis requested crime-laboratory records under the Arkansas Freedom of Information Act and separately asked the prosecuting attorney to authorize their release. After receiving no response, he filed a petition for mandamus or alternative relief in circuit court. The circuit court dismissed the petition, concluding that Davis had not established a legal right to the information and that the prosecuting attorney's duty was discretionary. The Supreme Court of Arkansas reversed and remanded for an order directing the crime laboratory to release the requested information.
Remand instructions
The circuit court must enter an order pursuant to Arkansas Code Annotated section 12-12-312 directing the crime laboratory to release the requested information to Davis.