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TYSON v. JONES

1090878 and 1090939.

60 So.3d 831 (2010)

John M. TYSON, Jr., individually and in his official capacity as special prosecutor for and counsel to the Governor's Task Force on Illegal Gambling v. E. Paul JONES et al. Ex parte John M. Tyson, Jr. (In re E. Paul Jones et al. v. John M. Tyson, Jr., individually and in his official capacity as special prosecutor for and counsel to the Governor's Task Force on Illegal Gambling).

Supreme Court of Alabama.

Rehearing Denied September 3, 2010.

Attorney(s) appearing for the Case

John M. Tyson, Jr. , Martha Tierney , and Timothy W. Morgan , Office of Governor Bob Riley, for appellant/petitioner.

E. Paul Jones , dist. atty., Macon County; James H. Anderson of Beers, Anderson, Jackson, Patty and Fawal, P.C., Montgomery, for appellee/respondent Sheriff David Warren ; Fred D. Gray and Stanley F. Gray of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, for appellee/respondent Macon County Commission; and John M. Bolton III and Charlanna W. Spencer of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellee/respondent taxpayers Johnny Ford, Robert Freeman, and Stanley Maxwell.

MURDOCK, Justice.

The issue presented by this appeal and petition for the writ of mandamus is whether attorneys purportedly authorized by the governor to act in connection with a task force created to investigate allegedly illegal gambling devices and activities and to pursue prosecutions in relation to such devices and activities must have the permission of the attorney general, the local district attorney, and the county sheriff before pursuing an investigation...

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