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EX PARTE ALABAMA DEPT. OF MENTAL HEALTH AND MENTAL RETARDATION

1011081.

840 So.2d 876 (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 Millie Vick, as guardian of John David Powell 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 Ricky J. McKinney 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 Circuit Court of Montgomery County to vacate a discovery order it had entered in favor of Millie Vick, as guardian of John David Powell. The order directed DMHMR to produce the investigative report of the bureau of special investigations ("BSI"), the investigative division of DMHMR, relating to injuries Powell received while he was...

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