In re PATRICK McCANN et al. (Original)
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Albert Turner was charged with capital murder. At trial, he was represented by Patrick McCann and Tyrone Moncriffe. Turner was found guilty and sentenced to death. The trial court appointed counsel for Turner's direct appeal and the Office of Capital Writs ("OCW") to handle Turner's postconviction writ. As part of its investigation, OCW asked Turner to authorize the release of his trial file from McCann. Turner refused to sign the release because OCW is a "state agency," and he wanted to speak with his sister before moving forward. Lacking Turner's authorization, McCann refused to release the file believing that his client was invoking his right to keep his privileged information confidential. In response, OCW filed a motion asking the trial court to order McCann to turn the file over. After a hearing, the trial court ordered trial counsel to relinquish Turner's trial file, and McCann refused. He then petitioned the Supreme Court for leave to file petitions for writs of mandamus and prohibition. While McCann's motion was pending, OCW withdrew as Turner's habeas counsel. Subsequently, the Supreme Court dismissed McCann's motion as moot because OCW, a "state agency," no longer represented Turner. The trial court then appointed new habeas counsel, James Rytting, to represent Turner in his postconviction application, and Rytting sought Turner's trial file for investigatory purposes. Rytting stated that he visited Turner twice in person after his appointment, and he agreed that McCann's characterization of Turner was correct in that Turner did not want the file turned over. Rytting also explained that, based on his visits with Turner, if McCann gave the file to Turner, Rytting would never see it. For his part, McCann continued to refuse to relinquish the trial file based on his understanding of his client's wishes. In a second hearing, the trial court ordered McCann to turn over his file again. After failing to comply with the trial court's second order, the court found McCann in contempt. After review of the matter, the Supreme Court conditionally granted McCann relief on his petition for writs of mandamus and dismissed his petition for a writ of prohibition.
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