Hill v. Gallagher (Majority, with Concurring)
Annotate this CaseAppellant filed a request for documents related to his criminal case under the Freedom of Information Act. Appellee, the custodian of records for the Arkansas State Crime Laboratory, denied the request on the grounds that Appellant was an inmate incarcerated in the Arkansas Department of Correction. Thereafter, Appellant sought a hearing before the circuit court and filed a petition to proceed in forma pauperis. The circuit court initially granted the petition but later revoked Appellant’s pauper status and dismissed the case without prejudice, finding that three federal lawsuits should be counted as strikes under Ark. Code Ann. 16-68-607. The Supreme Court reversed, holding that the circuit court erred in counting as strikes cases Appellant filed in federal district court. Remanded.
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