Ex parte Marshall, as Attorney General of the State of Alabama, et al.Annotate this Case
Petitioners Alabama Attorney General Steven Marshall and circuit judges Michael Bradley Almond, Ruth Ann Hall, Brandy Hambright, Jacqueline Hatcher, and Bert Rice, all in their official capacities, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court ("the trial court") to grant their motion to dismiss a complaint for a declaratory judgment filed by respondents Michael Belcher, Peter Capote, Derrick Dearman, Lionel Francis, Brett Yeiter, and Benjamin Young, all prisoners on death row. Respondents were all convicted of capital offenses and sentenced to death after August 1, 2017, the effective date of the Fair Justice Act ("FJA"), Act No. 2017-417, Ala. Acts 2017 (codified at Ala. Code 1975, section 13A-5-53.1). Respondents alleged the FJA was unconstitutional because it denied them access to courts to present arguments their convictions and sentences were not imposed in an arbitrary and capricious manner in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Alabama law and other established constitutional guarantees. The complaint went on to allege that, because of the FJA's alleged prohibition on seeking discovery in postconviction proceedings for death-penalty petitioners, respondents would be unable to assert in their Rule 32 petitions any "Brady" claims for the alleged withholding of potentially exculpatory evidence or to raise any claims of ineffective assistance of counsel that require access to the prosecution's file to establish or to allege many juror claims that require rigorous investigation. Petitioners moved to dismiss on grounds the trial court lacked subject-matter jurisdiction. The Alabama Supreme Court concluded respondents' claims were not ripe for adjudication in this declaratory-judgment action because their claims are inherently fact-specific and must be raised within the context of their six individual Rule 32 proceedings. Therefore, the trial court lacked jurisdiction to entertain the respondents' complaint. Petitioners' petition was granted and the Court issued the writ.