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EX PARTE ALABAMA DEPT. OF MENTAL HEALTH AND MENTAL RETARDATION

1011080.

840 So.2d 863 (2002)

Ex parte ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION and Kathy Sawyer, Commissioner of the Department of Mental Health and Mental Retardation. (In re Candace Lambert, as administratrix of the estate of Marguerite Hicks, deceased v. Alabama Department of Mental Health and Mental Retardation et al.

Supreme Court of Alabama.

July 3, 2002.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and G.R. "Rick" Trawick, asst. atty. gen., Alabama Department of Mental Health and Mental Retardation, for petitioners.

John D. Clements and Geoffrey S. Bald of Burr & Forman, L.L.P., Birmingham, for petitioners.

Kenneth J. Mendelsohn and Thomas E. James of Jemison, Mendelsohn & James, P.C., Montgomery, for respondent.

LYONS, Justice.

The Alabama Department of Mental Health and Mental Retardation ("DMHMR") petitioned for a writ of mandamus directing the Montgomery Circuit Court to vacate a discovery order it entered in favor of Candace Lambert, the administratrix of the estate of Marguerite Hicks. We grant the petition.

I.

On September 17, 2000, Marguerite Hicks, a patient at DMHMR's Emmett Poundstone Mental Health Facility, died. Hicks was allegedly strangled...

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