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Ivy, G. v. Acker, P.

Citation: Not availableDocket: 1188 WDA 2019

Court: Superior Court of Pennsylvania; February 24, 2020; Pennsylvania; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a case involving a petition for a writ of mandamus, an incarcerated appellant sought access to documentation related to his outstanding criminal cases, challenging the District Attorney's policy that restricts direct access to discovery materials for defendants represented by counsel. After amending his petition to include a claim under Pennsylvania's Right-to-Know Law, the appellant contended that his rights were infringed by the policy. The District Attorney argued that the appellant's remedy for document access should be pursued through the criminal discovery process and filed a motion for summary judgment. The trial court granted summary judgment, ruling that mandamus was not appropriate since established criminal discovery procedures provided adequate remedies. The appellant's motion for reconsideration was denied, leading to this appeal. The reviewing court affirmed the trial court's decision, emphasizing that summary judgment is only reversible upon legal error or abuse of discretion. The court agreed that mandamus is an extraordinary remedy unsuitable for compelling discovery in ongoing criminal cases. The appellant's rights to discovery remain protected under existing procedural rules, and the judgment was entered in favor of the District Attorney, with the appellant advised to appeal discovery rulings within his criminal cases.

Legal Issues Addressed

Access to Discovery Materials

Application: The court upheld the District Attorney's policy restricting direct access to discovery materials by defendants represented by counsel, as it aligns with constitutional law and professional conduct rules.

Reasoning: The District Attorney responded that their 'open file' policy provided all relevant materials to the defense attorney, who was responsible for managing sensitive information.

Mandamus Relief in Criminal Discovery

Application: The court found that mandamus is not an appropriate remedy to compel discovery in ongoing criminal cases, as the appellant has not shown a lack of adequate legal remedies.

Reasoning: The trial court determined that the appellant did not demonstrate a lack of adequate legal remedies, as the proper method for obtaining discovery is through established procedures under Pennsylvania Rule of Criminal Procedure, including filing a motion to compel.

Summary Judgment Standards

Application: The court applies the standard that summary judgment can only be overturned if there is a legal error or abuse of discretion, with evidence viewed in favor of the non-moving party.

Reasoning: The reviewing court's standard for evaluating a summary judgment order is established: it can only be overturned if there is a legal error or abuse of discretion. The court examines whether there is a genuine issue of material fact and if the moving party is entitled to relief as a matter of law.