Davis v. Kelley (Majority, with Concurring)
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The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's petition for a writ of mandamus with prejudice under Ark. R. Civ. P. 12(b)(6), holding that the circuit court did not abuse its discretion.
Appellant was convicted of first degree murder and sentenced to life imprisonment. In 2010, Appellant submitted a request to the Arkansas State Crime Laboratory regarding DNA testing. The circuit court ordered the crime lab to release the information. When the file arrived at the prison, it was confiscated by prison officials based on their determination that it contained contraband. In 2019, Appellant filed a petition for writ of mandamus and complaint for conversion seeking to compel Appellees to release his crime lab file and monetary damages for conversion. The circuit court dismissed the case with prejudice and issued a strike. The Supreme Court affirmed, holding that the circuit court correctly dismissed Appellant's petition for writ of mandamus and complaint for conversion on the ground that Appellant had already obtained the crime lab file and that Appellant failed to state a claim upon which relief could be granted.
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